{
  "id": 8698285,
  "name": "D. B. DOUGHERTY v. JOHN F. LOGAN",
  "name_abbreviation": "Dougherty v. Logan",
  "decision_date": "1874-01",
  "docket_number": "",
  "first_page": "558",
  "last_page": "559",
  "citations": [
    {
      "type": "official",
      "cite": "70 N.C. 558"
    }
  ],
  "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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    "simhash": "1:195388a0682e61c8",
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  "last_updated": "2023-07-14T15:53:06.826178+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "D. B. DOUGHERTY v. JOHN F. LOGAN."
    ],
    "opinions": [
      {
        "text": "Settle, J.\nThe sheriff of Ashe county asks the direction of the Court as to the application of money in his hands, arising from the sale of land under three executions, one in favor of Jacob Roten, another in favor of John Shatley, and a third in favor of D. B. Dougherty. The judgments, on which the three executions issued, and also a judgment in favor of one Long, had been regularly docketed in the Superior Court of Ashe county ; the judgments in favor of Roten and Shatley before, and that in favor of Dougherty after the docketing of the judgment in favor of Long.\nNo execution had issued on the judgment in favor of Long. The land did not bring enough to pay all the judgments.\nThe question presented for decision is not an open one.\nWe have held in Perry v. Morris, 65 N. C. Rep. 221, that the lien on the land of the defendant, acquired by a docketed judgment, shall not be lost in favor of a judgment subsequently docketed, unless the plaintiff in the latter take out execution and give the plaintiff in the former twenty days notice before the day of sale by the sheriff, and the plaintiff so noticed shall fail to take out execution and put it into the sheriff\u2019s hands before the day of sale, as is prescribed in the 19th Rule of Practice adopted by the Supreme Court, 63 N. C. Rep. 669. Dougherty having.failed to quicken the diligence ot Long by the notice required in the Rule, there is error in the order directing the application of the fund to the satisfaction of the execution in favor of Dougherty, to the exclusion of the judgment in favor of Long.\nThe fund should be applied to the satisfaction of the judgments in the order, in point of time, in which they are entered on the docket.\nLet this be certified.\nRet\u00ed CueiaM. Judgernent accordingly.",
        "type": "majority",
        "author": "Settle, J."
      }
    ],
    "attorneys": [
      "W. P. Caldwell, for the plaintiff.",
      "Folie <& Armfield and Busbee c6 Busbee, contra."
    ],
    "corrections": "",
    "head_matter": "D. B. DOUGHERTY v. JOHN F. LOGAN.\nT3ie lien on land acquired by a docketed judgment shall not be lost in favor of a judgment subsequently docketed, unless the plaintiff in the latter take out execution and give the plaintiff in the former twenty days notice before the day of sale by the sheriff, and the plaintiff so notified shall fail to take out execution and put it into the sherff\u2019s hands before the day of sale. Rule 19 \u2014 63 N. 0. Rep. 669.\n{Perry v. Morris, 65 N. C. Rep. 221, cited and approved.)\nThis was a MotioN to bis licuor, Judge Mitchell, at Spring Term, 1813, of Asms Superior Court, for directions as to the application of certain moneys arising from- the sale of land under executions.\nThe facts are fully stated in the opinion of the Court.\nW. P. Caldwell, for the plaintiff.\nFolie <& Armfield and Busbee c6 Busbee, contra."
  },
  "file_name": "0558-01",
  "first_page_order": 574,
  "last_page_order": 575
}