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13 N.C. 359

Doe Ex Dem. Arrington v. Sledge

Supreme Court of North Carolina

Decided June 5, 1830

Supreme Court of North Carolina · decided 1830-06-05

From Frank,¡D Ejectment, in which both parties claimed under one Jeffries. The lessor of the Plaintiff produced a judgment in his favor against Jeffries, upon which an original writ offieri Jadas issued, tested, of the February term, 1820, of Nash County Court, which was returned, 41 stayed by the Plaintiff.” From the ensuing May term *.n alias writ issued, under which the land in question was sold to the lessor of the Plaintiff.

Cited by 1 later decisions — most recently September 1916

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1830-06-05

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Ruffin, Judge.

¶1 The principle laid down by the Court below, is a very old one. It is considéred as thoroughly settled, that, as against the Defendant in the execution, and all claiming by his alienation, a fieri fa-cias binds from its teste. Without entering at large into the subject, it will be sufficient to refer to what was said by me on this point, in Palmer & Co. v. Clarke (ante, p. 356). Numerous cases also support the opinion, as to the relation of an alias duly issued.

¶2 Per Curiam. — Let the judgment of the Court below be affirmed.

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