Allison v. Gregory

Decided July 15, 1809

Supreme Court of North Carolina · decided 1809-07-15

1 From Hillsborough. Allison being indebted to Gregory Sc sons, of Charleston, mortgaged to them a house and lot in the town of Hiílsborough, to secure the payment of the debt: and being also indebted to one Armstead, he was sued by Armstead in Edenton Superior Court, and judgment was obtained .against him; upon which., judgment an execution was Issued, directed to the Sheriff of Orange county, who levied it upon the aforesaid house and lot, and at. the sale, Kirkland became…

Decided 1809-07-15

By the Court.

¶1An equity of redemption cannot be sold by virtue of an execution at Law. Allison is therefore cntitled.to redeem : but Kirkland should stand in the place of Armstead, whose diebt he satisfied, and is entitled to have his money, with interest thereon, refunded by Allison, he being accountable to Allison for tlm. rents and profits of the house and lot, during the time that he has had them in possession.*

¶2 The General"Assembly in 1812, passed-ánactSttBJíjfetíngan equity Df redemption to sale under an execution at i,aw.