The case was submitted without argument. The execution binds the property in the hands of the defendant, and all others claiming under him, from the time that it bears teste. 1 Term, 729; 1 Salk., 320; 1 Ld. Ray, 252; 1 Comyn's, 35; 16 East, 278, note. I therefore think the rule for a new trial should be discharged.

BY THE COURT: No error.

Cited: Palmer v. Clarke, 13 N.C. 357; Deaver v. Rice, 20 N.C. 569;Harding v. Spivey, 30 N.C. 65. *Page 133