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OVERTON v. HILL.

Money paid into the office upon an execution cannot be attached in the hands of the clerk at the instance of a creditor of the plaintiff in execution. Motion to stop money in transitu, which has been paid into the office upon an execution at the instance of B, and to apply the money to the discharge of a judgment against B, is not allowed, of course, and will not be granted unless good cause be shown.

From Fayetteville.

BY THE COURT.

The money paid into the office upon the execution against Hill cannot be attached at the instance of Overton's creditors; nor will the court apply this money to the discharge of the judgment which Patsy Glascock recovered against Overton, no reason being shown to the court why this money should be stopped in transitu, and such an application not being allowed as of course.

Cited: Hunt v. Stevens, 25 N.C. 365; Coffield v. Collins, 26 N.C. 491.

Overruled: Jeffreys v. Lea, 30 N.C. 96; Gaither v. Ballew, 49 N.C. 493; Williamson v. Nealy, 119 N.C. 341.

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OVERTON v. HILL
(Jun 1, 1805)