Worsley v. . Bryan
Supreme Court of North Carolina
Proceeding- in nature of a rule on a sheriff for the application of money raised under execution, heard at Spring Term, 1881, of Edgecombe Superior Court, before Shipp, J. The question presented for determination by the record in this case is, as to the proper application of a sum of money, raised by the defendant Bryan, as sheriff of Edge-combe, by virtue of a sale of the land of one Jesse Stanoil, under executions in his hands, issued upon judgments duly •docketed in the…
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Proceeding- in nature of a rule on a sheriff for the application of money raised under execution, heard at Spring Term, 1881, of Edgecombe Superior Court, before Shipp, J. The question presented for determination by the record in this case is, as to the proper application of a sum of money, raised by the defendant Bryan, as sheriff of Edge-combe, by virtue of a sale of the land of one Jesse Stanoil, under executions in his hands, issued upon judgments duly •docketed in the superior court of said county. The facts are as follows: One Andrews obtained a judgment against Jesse Staneil, before a…
1Opinion of the CourtAshe, J.
We are of the opinion there was no error in this ruling of His Honor. The judgment in favor of Jenkins is in no view entitled to any part of the proceeds of the sale.
In the first place, the land was sold for six-hundred and two dollars, which we must presume was its value, subject to any prior liens. The Jenkins’ judgment was founded upon a note given in 1871, and the defendant is entitled to his homestead against it. It created no lien upon the land which could be enforced by a sale under execution. If execution had been issued upon it, and it had been the only execution in the hands of the…
2Cases cited1 opinion
- Motz v. . StoweSupreme Court of North Carolina · 1880
3Cited by4 opinions
- Bernhardt v. . BrownSupreme Court of North Carolina · 1896
- Bernhardt v. BrownSupreme Court of North Carolina · 1896
- State Ex Rel. Titman v. RhyneSupreme Court of North Carolina · 1883
- Meyers v. . RiceSupreme Court of North Carolina · 1890