Doe Ex Dem. Arrington v. Sledge

13 N.C. 359

Opinion

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.