Allison v. . Gregory

Supreme Court of North Carolina

Allison v. . Gregory

5 N.C. 333

DecidedJuly 5, 1809

StatusPublished

This text of 5 N.C. 333 (Allison v. . Gregory) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allison v. . Gregory, 5 N.C. 333 (N.C. 1809).

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Opinion

From Hillsboro. An equity of redemption cannot be sold by virtue of an execution at law. Allison is therefore entitled to redeem, but Kirkland should stand in the place of Armstead, whose debt he satisfied, and is entitled to have his money, with interest thereon, refunded by Allison, he being accountable to Allison for the rents and profits of the house and lot during the time that he has had them in possession.

The General Assembly in 1812 passed an act subjecting an equity of redemption to sale under an execution at law. *Page 231

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From Hillsboro. An equity of redemption cannot be sold by virtue of an execution at law. Allison is therefore entitled to redeem, but Kirkland should stand in the place of Armstead, whose debt he satisfied, and is entitled to have his money, with interest thereon, refunded by Allison, he being accountable to Allison for the rents and profits of the house and lot during the time that he has had them in possession.

The General Assembly in 1812 passed an act subjecting an equity of redemption to sale under an execution at law. *Page 231

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Bluebook (online)

5 N.C. 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allison-v-gregory-nc-1809.