An execution binds property in the hands of the defendant and all others claiming under him from the teste.
The case was submitted without argument.
HALL, J.
The execution binds the property in the hands of the defendant, and all others claiming under him, from the time that it bears teste. 1 Term, 729; 1 Salk., 320; 1 Ld. Ray, 252; 1 Comyn's, 35; 16 East, 278, note. I therefore think the rule for a new trial should be discharged.
BY THE COURT: No error.
Cited: Palmer v. Clarke, 13 N.C. 357; Deaver v. Rice, 20 N.C. 569; Harding v. Spivey, 30 N.C. 65.