Cannon v. Parker
| Decision Date | 30 June 1879 |
| Citation | 81 N.C. 320 |
| Court | North Carolina Supreme Court |
| Parties | R. H. CANNON v. A. W. PARKER. |
MOTION of a Sheriff for instructions as to the proper application of funds in his hands, heard at Spring Term, 1879, of JACKSON Superior Court, before Gudger, J.
On the 14th of September, 1878, the plaintiff obtained a judgment against the defendant, on a debt contracted prior to 1868, before a justice of the peace, which was duly docketed in the superior court on the 13th of January, 1879, and on same day an execution was issued and levied on defendant's land, and the land sold on the 15th of May, 1879.
On the said day, to-wit, the 14th of September, 1878, William Cope and Jesse Estis, administrators of Andrew Cope, obtained a judgment against same defendant, A. W. Parker, on a debt contracted prior to 1868, before a justice, which was docketed in the superior court on the 31st of October, 1878, (prior to the docketing of this plaintiff's judgment) and on the 26th of February, 1879, an execution was issued and levied on same land, (after the levy made under plaintiff's execution).
After the sale the sheriff came into court and asked to be instructed how to apply the money.
The plaintiff insisted that the debt being contracted prior to 1868, the oldest levy created a lien, without regard to the time of docketing the judgment, and that the proceeds of sale should be applied to the satisfaction of his debt. But the said administrators maintained that docketing their judgment prior to the time of docketing plaintiff's, gave them a prior lien without reference to the dates of the levies, and that the money should be applied to their debt.
His Honor held that the date of docketing the judgment was the time from which the lien took effect, and instructed the sheriff to pay the money to said administrators. From this ruling the plaintiff appealed.
Messrs. A. T. & T. F. Davidson, for plaintiff .
No counsel in this court for the administrators.
The judgment of a justice of the peace may be docketed in the office of the superior court clerk of the county wherein it is rendered, and then become a “judgment of the superior court in all respects.” Execution thereon shall issue “to the sheriff of the county and shall have the same effect and be executed in the same manner as other executions of the superior court.” C. C. P., § 503.
It is, however, a judgment, when thus docketed in the superior court, only for the purpose of creating a lien on...
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Bernhardt v. Brown
...of the sale, the purchaser gets the full title, and the lien of the senior judgments is transferred to the proceeds of the sale. Cannon v. Parker, 81 N. C. 320; Manufacturing Co. v. Wilcox, 111 N. C. 42, 15 S. E. 885. New ...
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Gammon v. Johnson
...fund into which it is converted, with their respective priorities preserved, and to be asserted in the decree for distribution. Cannon v. Parker, 81 N. C. 320. "In effect, the lien of a docketed judgment is in the nature of a statutory mortgage" (Manufacturing Co. v. Wilcox, 111 N. C. 42, 1......
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Meyers v. Rice
...docketed creates the lien, and it must have effect and be enforced in the order of priority. Halyburton v. Greenlee, 72 N.C. 316; Cannon v. Parker, 81 N.C. 320; Worsley Bryan, 86 N.C. 343; Titman v. Rhyne, 89 N.C. 64; Burton v. Spiers, 92 N.C. 503. Certain of the tenants in common, to whom ......