Cannon v. . Parker

81 N.C. 320

• Court: Supreme Court of North Carolina
• Decided: June 5, 1879
• Status: Published

Opinion

Smith, C. J.

The judgment of a justice of the peace may be docketed in the office of the superior court clerk of the county wherein it is rendered, and then become a “judgment of the superior court in all respects.” Execution thereon shall issue “to the sheriff of the county and shall have the same effect and be executed in the same manner as other executions of the superior court.” C. C. P., § 503.

It is, however," a judgment, when thus docketed in the superior court, only for the purpose of creating a lien on the debtor’s real property in the county and enforcing satisfaction by final process. It cannot be impeached, set aside^or modified by proceedings before the superior court, except by writ of recordari removing the cause to a higher jurisdiction. Ledbetter v. Osborne, 66 N. C., 379; Birdsey v. Harris, 68 N. C., 92. The lien extends to the real property which the debtor then has in the county, and such as he may thereafter acquire for the period of ten years from the time of docketing. C. C. P., § 254; Murchison v. Williams, 71 N. C., 135, and other cases preceding.

The effect of a sale under a junior judgment is to pass the debtor’s estate encumbered with the lien of an older judgment: and of a sale under both, (as we understand this to be) to vest the title in the purchaser and transfer the liens in the same order of priority to the proceeds of the sale. Sharpe v. Williams, 76 N. C., 87. The sheriff must observe these priorities, of which he has notice upon the face of the executions, in paying out the money to the respective creditors. The times of issuing and levying the executions are wholly immaterial. The administrators of Andrew Cope are therefore entitled to be "first paid out of the.fund, and the plaintiff out of any residue which may remain. There is no error and the judgment must be affirmed.

No error. Affirmed.