Hyde County NcArchives Court.....Dixon Et Al, Selby V. 1826
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Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 September 20, 2008, 2:05 am

Source: Nc Reports
Written: 1826

Selby, adm'r, v. Dixon et al

June Term 1826

From Hyde

A was indebted to B and C; B obtained a judgment against A, and before 
execution issued, a negro, the only property of A, was sold by a constable 
under an execution, when C purchased him for $396, whereof he paid the 
constable $18, the amount of his execution, and by consent of A, retained the 
balance of his bid to satisfy the debt which A owed him, as far as it was 
sufficient for that purpose. A bill filed by B against A, C and the constable 
was dismissed. B had no lien on the negro either in law or equity.

The complainant, who was the administrator of one Tooley, stated, that as 
adm'r he had recovered a judgment against Thomas Smith and his wife, Ann, for 
$300 at May Term, 1822, of Hyde County Court; that he issued an execution 
thereon, which was returned "nothing to be found;" that before the execution 
issued, the defendant Dixon, who was a constable, levied an execution on a 
negro man the property of Smith, to satisfy an execution of $8, and sold the 
negro at public sale, when the defendant Havens, purchased her for $396; that 
Havens, paid the amount of the execution of $8, and no more, and gave Dixon a 
bond to indemnify him, in case he should sustain damage for not exacting of 
Havens the whole amount of his bid; that Havens took the negro into his 
possession, and still owed him for $388, or thereabouts; that Smith and wife 
owned no property, and that complainant's debt would be lost unless the negro, 
or the balance due from Havens could be made liable. The bill further stated 
that Dixon was about to collect the balance from Havens, and pay it over to 
Smith and wife, and charged Dixon, Smith and Havens with a conspiracy to 
defraud complainant.

The answers stated in substance (and the proofs sustained the answers) that 
Havens purchased fairly at execution sale; that he paid the amount of the 
execution which Dixon had, and that by agreement with Smith, who was largely 
indebted to him, he retained the residue of his bid above Dixon's execution, 
in part satisfaction of his claim against Smith.

Upon the hearing below, Judge Norwood dismissed the bill, whereupon 
complainant appealed.

Hall, Judge - I concur in opinion with the Judge below that this bill should 
be dismissed; the complainant has no lien on the negro or his value, which is 
in the possession of the defendant Havens, either in Law or Equity. Havens 
became the purchaser when the negro was sold, for valuable consideration; 
after paying off the debt for which he was sold, he retained the balance of 
the money bid for the negro in his own hands, for a debt which Smith owed him, 
and this was done by the consent of Smith, he might have purchased of Smith, 
bona fide, without the intervention of a public sale, because at that time 
there was no lien on the slave in favor of the complainant.

I think Dixon should be allowed his costs, and that the other defendants 
jointly, should be allowed costs.

And of this opinion are the other Judges.
By the Court,
Judgment affirmed


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