12 S.E. 198 | N.C. | 1890
The defendants appealed.
The facts sufficiently appear in the opinion.
The plaintiff seeks to recover the land in controversy as purchaser at a sale under an execution issued on a judgment in which he was plaintiff. It appears from the evidence offered by the plaintiff that no homestead was laid off, and that this land was all that the judgment debtor owned. The judgment, obtained before a magistrate and docketed in the Superior Court, was dated 1 April, 1873, and bore interest from that date. It did not show the date of the indebtedness on which it had been rendered. The original papers before the justice, and the note on which judgment had been granted, had been lost. The debt was presumably of the date of the judgment. Hill v. Oxendine,
The date of the indebtedness is not stated in the justice's judgment, nor has such judgment been since amended to show it. There was a motion for leave to issue execution, which was allowed, and in stating case on appeal in that case (Buie v. Simmons,
Error.
Cited: S. c.,