Conner v. Gwin's Ex's, 2 N.C. 140, 1 Hayw. 140 (1794)

Sept. 1794 · North Carolina Superior Court
2 N.C. 140, 1 Hayw. 140
James Conner v. Gwin's Ex's. A case in Equity

James Conner v. Gwin’s Ex's. A case in Equity.

A negro, whose life was forfeited to the public for murder, was sold „ under execution, without that fact being then known. A bill in liquify by the purchaser praying to stand, in the place of the judgment'credilors, for the amount of the purchase money was sustained by the Court.

The bill stated, that two executions being writs of fi. fa. issued from the County Courts of Mecklenburg• and Iredell, at the instance of different Plaintiffs, and were levied by the Sheriff' on the property of the testator in his lifetime, and particularly on a negro fellow named -1 and that the property was advertised for sale— that before the day of sale, this negro privately murdered the testator, and that on the. day of sale the perpetrator of the murder had not been discovered. That this negro was sold on that day, and purchased by the Plaintiff for a sum of money amounting to the judgments, which he paid in discharge of them. That afterwards it was discovered this negro had committed the murder, whereupon he was tried, condemned and executed} ami the bill prayed that as the life of the negro was in fact forfeited to the public, at and. before the day of sale ; and that as an action at. law could not be supported by the Plaintiff against the executors, that this Court would decree him to stand in the place of the judgment creditors, and to be considered in the light of purchaser of “the benefit of their judgments, so as to have the estate of the testator, as to the amount thereof, subject, in the same. manner it was at the time when the money was advanced by him. The Defendants demuned to this bill for want of equity, but agreed that if the opinion of the Court should be against them on this point, they would *141not further contend against the Plaintiff, as the stated in the bill were true, but would submit to such decree as the Court thought proper to make.

And now this cause came on to be tried, and the demurrer being argued :

Per curiam,

Judge Ashe and Judge Wíimams,

we are clearly of opinion that the facts stated are proper for the jurisdiction of this Court,/and if true, that the Plaintiff is entitled to relief agreeably to the prayer of this. bill. Whereupon a decree was entered accordingly.