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114 N.C. 659

19 S.E 640

Blythe v. . Gash

Supreme Court of North Carolina

Decided February 5, 1894

Supreme Court of North Carolina · decided 1894-02-05

This was a proceeding, instituted by the plaintiff against T. J. Gash, before the Clerk of' the Superior Court of Henderson County. H. R. Holden and AY. J. Holden, having made affidavit that they were claimants of the land which plaintiff asked should be subjected to the lien of the judgment, were made parties defendant.

Decided 1894-02-05

Pjoe CuriaM :

¶1 The very carefully prepared and interesting brief of the defendants’ counsel has been fully considered by the Court, but fails to satisfy us that the judgment is barred or that its lien does, not continue so as to constitute a charge upon the land described in the complaint. Neither do we think the liability of Mrs. Gash’s estate is to be postponed under the circumstances of this case until the proceeds of the' property of the alleged surety in the judgment can be followed and subjected. Affirmed.

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