{
  "id": 8681957,
  "name": "Brasfield v. Whitaker",
  "name_abbreviation": "Brasfield v. Whitaker",
  "decision_date": "1826-06",
  "docket_number": "",
  "first_page": "309",
  "last_page": "310",
  "citations": [
    {
      "type": "nominative",
      "cite": "4 Hawks 309"
    },
    {
      "type": "official",
      "cite": "11 N.C. 309"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.402,
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    "sha256": "51f84d01b10c3810b76bb8ff380d1885785f95fbbf1a38d99bb475619a138643",
    "simhash": "1:ac858435c9c8c8e8",
    "word_count": 374
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  "last_updated": "2023-07-14T19:54:05.914264+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Brasfield v. Whitaker."
    ],
    "opinions": [
      {
        "text": "Hare, Judge,\ndelivered the opinion of the Court:\nBrasjidd\u2019s execution was a lien on Cooke's property, and that lien was continued by the alias execution which |sgne(j regUia|.]y after it.\nBurton's execution issued after this lien commenced, and execution was not done fully under it, before Bras-field\u2019s alias execution came to the bauds of the Sheriff.\nBrasfield\u2019s execution had the preference, and should have been first satisfied.\nJUDGMENT AEEIRMED.",
        "type": "majority",
        "author": "Hare, Judge,"
      }
    ],
    "attorneys": [
      "Badger <$\u2022 Hawks, for appellant.",
      "Haywood, for appellee."
    ],
    "corrections": "",
    "head_matter": "Brasfield v. Whitaker.\nFrom Wake.\nThe lien created by an execution is continued by an alias regularly issuing thereon; and if an execution, at the instance of another Plaintiff, issue after the lien of the first has commenced, and before execution is fully done under it, the alias come to the Sheriff\u2019s hands, it shall have the preference.\nThis was a case agreed as follows: the Plaintiff, David Brasfield, at the November Sessions 1820, of Wake County Court, obtained a judgment against one Mark Cooke, for g390 34, with interest, &c. and costs. Upon this judgment, the Plaintiff sued out a writ offi. fa. returnable to February term of Wake County Court, 1821, directed to the Sheriff of Wake, which in due time came to the hands of the Defendant, then Sheriff of the said County, and which was returned by him endorsed, \u201cnothing to be found.\u201d\nPlaintiff then sued out an alias fi.fia. returnable to the May Sessions of the same year, which came to the Defendant\u2019s hands on the 6th' of March 1821, and was returned, \u201c nothing to be found.\u201d\nAt February Sessions 1821, of Wake County Court, Hutchins G. Burton recovered a judgment against Mark Cooke for 82512 99, on which a. fi.fia. issued, returnable to May Sessions 1821, which came to the Defendant\u2019s hands on the 1st of March 1821. On the samoday, the Defendant levied on a lot and improvements in Raleigh, belonging to Mark Cooke, and afterwards,'on the 27th of April, in the same year, sold the same as Sheriff, for guoo, and applied the purchase money to Burton\u2019s execution.\nThe case as above stated, was submitted to Paxton, Judge, who gave judgment for the Plaintiff for the whole amount of his debt, interest and costs. Whereupon Defendant appealed.\nBadger <$\u2022 Hawks, for appellant.\nHaywood, for appellee."
  },
  "file_name": "0309-01",
  "first_page_order": 313,
  "last_page_order": 314
}