Jones v. . Scott

71 N.C. 192

• Court: Supreme Court of North Carolina
• Decided: June 5, 1874
• Status: Published

Opinion

ByNuM, J.

Ills Honor put his decision upon the ground’ that the recital in the sheriff’s deed did not correspond with, the judgment and execution under which the land was sold-' and purchased by the plaintiff.

It is well settled that the recital in a sheriff’s deed is no park of itj and that if he mis-reeites the execution under which ha? sells, or recites no execution, his sale is nevertheless good, if' • at the time he makes it he has in his hands a valid one. It is-not denied, here that the sheriff did have a valid execution-against Perry,.under whom both parties claim. It was error,, therefore, for his Honor to hold that the plaintiff had no title because of the mis-reeital. Owen v. Barksdale, 8 Ired. 81. In reversing the-jpdgment below the Court cannot give judgment here for the plaintiff because of the very carelessly prepared record and vague and irregular statements of the ease. The plaintiff in this action must recover upon the strength of' his own title and not upon the weakness of. his adversaries. The deed under which the plaintiff claims is not made a part-of the record, nor is the date of its execution stated or whether made before or after, the commencement of the action.

Pee. Cueiams Venire de novo.--