Den. Ex Dem. Tarkinton v. Alexander
Supreme Court of North Carolina
Ejectment, for a tract of land, tried at Tyrrel, on the last Circuit, before his Honor Judge Noe wood. The lessor of the plaintiff claimed as heir-at-law to one Zebulon Tarkinton, • and having made out his case, the defendant set up title as follows: — He produced a judgment rendered at April Term, 1830, of Tyrrell County Court, in favour of one Samuel Spruill, executor of Benjamin Spruill, against the said Zebulon Tarkinton, for the sum of eight hundred and seventy-two…
Read the full summary
Ejectment, for a tract of land, tried at Tyrrel, on the last Circuit, before his Honor Judge Noe wood. The lessor of the plaintiff claimed as heir-at-law to one Zebulon Tarkinton, • and having made out his case, the defendant set up title as follows: — He produced a judgment rendered at April Term, 1830, of Tyrrell County Court, in favour of one Samuel Spruill, executor of Benjamin Spruill, against the said Zebulon Tarkinton, for the sum of eight hundred and seventy-two dollars and seventy-nine cents, upon which a writ of fi. fa. issued from that term, and was returned to July Term ensuing,…
1Opinion of the Court
Gaston, Judge.
It is essential to the security of property and the repose of society, that the rules by which judicial sales are regulated, should be clearly defined and strictly observed. He who sets up title under such an alienation, cannot invoke the aid of the law, if it be made inconsistent with the requirements of the law. The sale made of the land in controversy by the'former sheriff, and the deed in pursuance thereof, transferred no estate unless such ex-sheriff had authority to sell. We cannot for a moment admit that he derived such authority from the writ of venditioni exponas…
2Cited by4 opinions
- McGloughan v. . MitchellSupreme Court of North Carolina · 1900
- Cowen v. . WithrowSupreme Court of North Carolina · 1894
- Jeffreys v. . HocuttSupreme Court of North Carolina · 1927
- Baker v. . WebbSuperior Court of North Carolina · 1794