Brasfield v. Whitaker

Decided June 15, 1826

Supreme Court of North Carolina · decided 1826-06-15

From Wake. This was a case agreed as follows: the Plaintiff, David Brasfield, at the November Sessions 1820, of Wake County Court, obtained a judgment against one Mark Cooke, for g390 34, with interest, &c. and costs.

Decided 1826-06-15

Hare, Judge,

¶1delivered the opinion of the Court:

¶2Brasjidd’s execution was a lien on Cooke's property, and that lien was continued by the alias execution which |sgne(j regUia|.]y after it.

¶3Burton's execution issued after this lien commenced, and execution was not done fully under it, before Bras-field’s alias execution came to the bauds of the Sheriff.

¶4Brasfield’s execution had the preference, and should have been first satisfied.

¶5JUDGMENT AEEIRMED.