Reports of Cases Adjudged in the Superior Courts of Law and Equity of the State of North Carolina (Volume 2-3); From the Year 1789, to the Year [1806] (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1806. Excerpt: ... rupted the plaintiff's possession until soon after the death of the elder brother, when they got the negro into their possession, whereupon this action was instituted. Per curiam. Those circumstances are proper to be left to the jury, who may if they think proper determine upon them, that such acquiescence is proof of a confirmation of the bargain at;cr their arrival to age. The jury found for the plaintiff, and the defendant moved for a new trial but the court refused it. Anonymous. 'T'HF. plaintiff claimed under an execution and sale thereupon by the sheriff; and produced the the execution. Micrey Judge.--He must produce tl-.e judgment also; otherwise the defendants property might be taken and sold by an txrruticn issued Without authority; the judgment is the warrant for the execution, and without it no execution can legally issue. Haywood, e contra When an execution issues to the sheriff from a proper court, he is bound to execute by a seizure a: d sale, without enquiring whether there be a judgment or r.ot, r.r whether it be a legal one or not; and if he is bound to seli, it is contradictory to say that none shall purchase. There are cases where the judgment must be produced, but they are very distinguishable from the present which is the case of a vendee. If there be in fact no judgment, or a void one, or one liable to be vacated for irregularity, or reversed; and the plaintiff will take out execution thereupon, he is liable for the consequences: And therefore when sued he must produce the judgment as well as the execution that the court may see it is a good judgment', n if tlae sheriff seize gosds in the possession of a third retool (who claims them by a conveyance from the defendant) is still belonging to the defendant, alledging the conveyance to...