34 N.C. 206 | N.C. | 1851
The case is not stated with a view to the question, whether Jennings was the lessee or the servant of Pool, but assumes that he had a property in the crop and had effectually conveyed it to the plaintiff. Taking that to be so, the Court is of opinion, there was a conversion of the corn, for which the defendant is answerable to the plaintiff. It is the common doctrine, that, if an officer, under an execution against the goods of one, sell the goods of another, he and the purchaser are jointly and severally liable in trover. If this corn had been gathered and the sale made at the heap, there could be no doubt of the plaintiff’s remedy against the officer, or of his right to recover the full value, as for a conversion, if the purchaser under color of the purchase took it away. It seems to have, been supposed, that it was otherwise in this case', because the sale was utterly void and gave no color to take the corn, though it had belonged to the debtor, Jennings, upon the ground that thé parties were not in the field at the sale, and therefore the defendant did not take and deliver actual possession of the oorn to the purchaser. But the Court holds the levy and sale well enough in that respect. If the corn had been gathered and lying in a pile in a stack pen, as is usual, •the officer need not get into the pen, but may sell, standing
Psa Curiam. Judgment reversed, and venire de novo.