Loftin v. . Huggins

13 N.C. 10

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.