Opinion · Supreme Court of North Carolina

Den Ex Dem. Jennings v. Stafford

23 N.C. 404

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1841-06-05
Topic
general

Gaston, J. It is the law of this State, that a purchaser at execution sale must shew, not only the execution' under which the Sheriff sold, but a judgment warranting that execution. The only reason assigned for this doctrine is, that it must appear that the execution was not the unauthorized act of the clerk, but was awarded by the Court. Although the judgment be erroneous ;■ nay, if it be obtained irregularly,and against the course of the Court; nevertheless, so long *406 as it stands unreversed and in force, it is the act[of the Court, warrants the execution conforming thereto, and upholds the title of the purchaser. But, if what is offered as a judgment have merely the semblance thereof; as if it be rendered by a Court having no jurisdiction of the subject matter, or against a person who has not had notice to defend his right, or if it order what the Court has not power to order, so that upon its face the law can pronounce it null, it is not a judgment, and the execution issuing thereon will not protect the purchaser.

Citator

UpLaw has not yet analyzed Den Ex Dem. Jennings v. Stafford. The absence of a flag is not a finding that it is good law.

Cited by
8 opinions