Public-domain · open source
OpenJurist

63 N.C. 307

Allen v. . Plummer

Supreme Court of North Carolina

Decided January 5, 1869

Supreme Court of North Carolina · decided 1869-01-05

RetuRN of a sheriff, asking instructions from tbe Court as to tbe application of money raised by virtue of sundry executions in bis bands, — made to Watts, J., at Fall Term 1868, of tbe Superior Court of Halifax. The money bad been raised out of tbe lands of one Eaulcon, by sale made June 15, 1868.

Cited by 1 later decisions — most recently June 1871

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1869-01-05

View the full empirical analysis of this case →

Reade, J.

¶1 At the time the sheriff made the sale, he had im his hands two executions, of different dates; and it is settled,, that the older execution must be first satisfied.

¶2 The fact that the older was an alias, issued subsequently to* the junior, makes no difference, as the alias relates back to the1’ date of the original, and is, in that sense, the older. The fact that the older was issued from another county (Warren,) to’ the sheriff of Halifax, makes no difference, as the process off the Courts have when issued, the same force all over the State-

¶3 The execution of Lanier and Bro., did not reach the sheriff" until after the sale, and is out of the question. The funds, or so much as may be necessary, will be applied to the older execution — Mrs. Plummer’s — and if there is any surplus', it will be applied to the junior execution — Allen’s.

¶4 Per Curiam. There is no error-

/63/nc/307 · .json · Public domain