Doe Ex Dem. Wood v. Harrison

Supreme Court of North Carolina

Doe Ex Dem. Wood v. Harrison

18 N.C. 356

DecidedDecember 5, 1835

StatusPublished

This text of 18 N.C. 356 (Doe Ex Dem. Wood v. Harrison) 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

Doe Ex Dem. Wood v. Harrison, 18 N.C. 356 (N.C. 1835).

Pincite

Opinion

Ruffin, Chief Justice.

— The record presents but a single question; which is, whether land can be sold upon a fieri facias, which issues and bears teste after the death of the debtor. Upon that question, the case of Den ex dem. Bowen v. M'Culloch, N. C. Term Rep. 261, is a precise authority in the negative. A point is there left open, whether land is bound by .the judgment, or only by the fieri facias, which has been since so decided as to restrict the lien to the teste of the fieri facias, if that be the process *358 used. Consequently, the sale must be made upon a writ having relation to a day previous to the debtor’s death, or the heir must be brought in by scire facias. The authorities there cited establish the necessity of process against the executor in similar circumstances. If he is not to be concluded without being heard, surely the heir is equally entitled to the defences, that the executor has paid the debt, or that the heir has paid other judgment debts to the value of the land descended, or the like.

Per Curiam. Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Ruffin, Chief Justice.

— The record presents but a single question; which is, whether land can be sold upon a fieri facias, which issues and bears teste after the death of the debtor. Upon that question, the case of Den ex dem. Bowen v. M'Culloch, N. C. Term Rep. 261, is a precise authority in the negative. A point is there left open, whether land is bound by .the judgment, or only by the fieri facias, which has been since so decided as to restrict the lien to the teste of the fieri facias, if that be the process *358 used. Consequently, the sale must be made upon a writ having relation to a day previous to the debtor’s death, or the heir must be brought in by scire facias. The authorities there cited establish the necessity of process against the executor in similar circumstances. If he is not to be concluded without being heard, surely the heir is equally entitled to the defences, that the executor has paid the debt, or that the heir has paid other judgment debts to the value of the land descended, or the like.

Per Curiam. Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

18 N.C. 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-ex-dem-wood-v-harrison-nc-1835.