Moore v. Jordan
Supreme Court of North Carolina
This was a special proceeding brought by the plaintiffs against the defendants for the sale of certain lands for partition. The plaintiffs, J. W. Moore and others, and the defendants, W. B. Jordan and others, were heirs-at-law of Samuel E. Westray, who died domiciled in the county of Nash, on the 15th day of February, 1894. He was at the time of his death seized and possessed of lairds lying in Edgecombe and Nash counties.
Read the full summary
This was a special proceeding brought by the plaintiffs against the defendants for the sale of certain lands for partition. The plaintiffs, J. W. Moore and others, and the defendants, W. B. Jordan and others, were heirs-at-law of Samuel E. Westray, who died domiciled in the county of Nash, on the 15th day of February, 1894. He was at the time of his death seized and possessed of lairds lying in Edgecombe and Nash counties. William S. Battle, one of theheirs-at-law of S. E. Westray, was indebted to various parties who had obtained judgment against him and had caused the same to be docketed in…
1Opinion of the Court
Faircloth, C. J.:
We are now confronted for the first time with the question whether previously docketed judgments take, by their priorities, according to the dates when *89docketed, the after acquired lands of (he judgment debtor, or whether they take pro rata, the after acquired lands cast by descent on the judgment debtor. The defendant Lewis contends that, as was the case under our former system, the lien when it attaches relates back to the day when the judgment was docketed. This is denied by the other defendants. It is conceded that the liens of the several judgments, on after acquired…
2Cases cited2 opinions
- Sawyers v. . SawyersSupreme Court of North Carolina · 1885
- Kollock v. JacksonSupreme Court of Georgia · 1848
3Cited by9 opinions
- Johnson v. . LeavittSupreme Court of North Carolina · 1924
- McCullen v. DurhamSupreme Court of North Carolina · 1948
- McCullen v. . DurhamSupreme Court of North Carolina · 1948
- Linker v. . LinkerSupreme Court of North Carolina · 1938
- Moore v. . JonesSupreme Court of North Carolina · 1946
4 more not listed; retrieve them via the Exa API.