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12 N.C. 9

Shamburger v. Kennedy

Supreme Court of North Carolina

Decided December 15, 1826

Supreme Court of North Carolina · decided 1826-12-15

From Moore, In 1822, one Isham Sheffield obtained judgment and sued out execution thereon against Hussey, the Defendant’s intestate, one Garner, and others. The execution was levied by M’Neil, the Sheriff, upon the personal property of Hussey, who was the principal debtor.

Decided 1826-12-15

Hair, Judge,

¶1delivered the opinion of the Court:

¶2The deed executed by M’Neil, the Sheriff, to the Plaintiff, being an official act, conveyed a good and valid title — (3 Murph. 507.) In the other view of the case taken by the Judge, supposing the Sheriff did not act officially, but as the agent of Hussey, I do not concur, unless M’JSTeil had been duly authorised, by a written Power of Attorney, to execute the deed for him. An authority by parol would not be sufficient, because titles to land must be evidenced by written conveyances. I think the non-suit ought not to be set aside.

¶3Per curiam,

¶4Judgment aeeirmed.

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