Loftin v. . Huggins

Supreme Court of North Carolina

Loftin v. . Huggins

13 N.C. 10

DecidedDecember 5, 1828

StatusPublished

This text of 13 N.C. 10 (Loftin v. . Huggins) 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

Loftin v. . Huggins, 13 N.C. 10 (N.C. 1828).

Pincite

Opinion

Hall, Judge.

The levy indorsed upon the execution was an official act of the Sheriff, and one which it was his duty to make. But it was an act in pais, and the truth of it might be impeached by evidence on the other side. It was the Plaintiff’s interest to establish a seizure, or a levy in fact. But in the absence of such proof, the indorsement of a levy, or any legal circumstantial evidence which tended to the same end, was competent.

Per Curiam. Let the judgment be affirmed.

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Hall, Judge.

The levy indorsed upon the execution was an official act of the Sheriff, and one which it was his duty to make. But it was an act in pais, and the truth of it might be impeached by evidence on the other side. It was the Plaintiff’s interest to establish a seizure, or a levy in fact. But in the absence of such proof, the indorsement of a levy, or any legal circumstantial evidence which tended to the same end, was competent.

Per Curiam. Let the judgment be affirmed.

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Bluebook (online)

13 N.C. 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loftin-v-huggins-nc-1828.