Supreme Court of North Carolina, 1830

Doe Ex Dem. Arrington v. Sledge

Doe Ex Dem. Arrington v. Sledge
Supreme Court of North Carolina · Decided June 5, 1830 · Ruffin
13 N.C. 359

Counsel

Seawell & W. II: Maywood, for the Defendant,,, The cause was submitted by Badger, for the lessor of the Plaintiff, without argument.

Doe Ex Dem. Arrington v. Sledge

Opinion of the Court

Ruffin, Judge.

The principle laid down by the Court below, is a very old one. It is considéred as thoroughly settled, that, as against the Defendant in the execution, and all claiming by his alienation, a fieri fa-cias binds from its teste. Without entering at large into the subject, it will be sufficient to refer to what was said by me on this point, in Palmer & Co. v. Clarke (ante, p. 356). Numerous cases also support the opinion, as to the relation of an alias duly issued.

Per Curiam. — Let the judgment of the Court below be affirmed.

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