Baker v. . Long

Superior Court of North Carolina

Baker v. . Long

2 N.C. 1

DecidedOctober 5, 1790

StatusPublished

This text of 2 N.C. 1 (Baker v. . Long) is published on Counsel Stack Legal Research, covering Superior 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

Baker v. . Long, 2 N.C. 1 (N.C. Ct. App. 1790).

Pincite

Opinion

The lands were devised after payment of debts to the plaintiff, and there was judgment against the ancestor in his lifetime. It is adjudged nosci. fa. was necessary in order to affect the lands in the hands of the heir or devisee after the death of the ancestor or devisor, because the lands never descended; and if they had, *Page 16 it was cum onere of the judgment, and the sci. fa. is only necessary where a new party is to be charged; but in this case execution was taken out in the lifetime of the ancestor, and the Court held that attached upon the land and went with it to whoever it came. Also, the demurring of the parol had its origin in feudal principles, and does not apply here. Cited: Bowen v. McCullough, 4 N.C. 686.

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The lands were devised after payment of debts to the plaintiff, and there was judgment against the ancestor in his lifetime. It is adjudged nosci. fa. was necessary in order to affect the lands in the hands of the heir or devisee after the death of the ancestor or devisor, because the lands never descended; and if they had, *Page 16 it was cum onere of the judgment, and the sci. fa. is only necessary where a new party is to be charged; but in this case execution was taken out in the lifetime of the ancestor, and the Court held that attached upon the land and went with it to whoever it came. Also, the demurring of the parol had its origin in feudal principles, and does not apply here. Cited: Bowen v. McCullough, 4 N.C. 686.

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Bluebook (online)

2 N.C. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-long-ncsuperct-1790.