25 N.C. 317 | N.C. | 1843
If the defendant were a mere stranger and a wrongdoer, as supposed by the Judge below, it cannot be held in this State that ejectment can be maintained upon a naked possession, once had, when there is no presumption of a conveyance of the legal title, but it appears affirmatively to be in another person. Allen v. Rivington, 2 Saund., 111, Serg't Williams' note a;Sheppard v. Sheppard,
But the defendant is not a stranger. It has long been held that, as against the defendant in the execution, the purchaser need show only the judgment, execution, sale and sheriff's deed. Murphey v. Burnett,
PER CURIAM. New trial.
Cited: Davis v. Evans,
(320)