Miller v. . Miller
Supreme Court of North Carolina
EjectmeNT tried at Spring Term, 1882, of Ashe Superior Court, before Avery, J. The facts bearing upoo the exceptions taken, necessary to an understanding of the case, are sufficiently stated in the opinion of this court. The defendant appealed from the judgment of the court below.
1Opinion of the CourtMeerimoN, J.
We think that no one of the exceptions specified in the record can be sustained.]. It is insisted that the court erred in refusing to charge the jury that the sheriff’s deed was void, because he failed to have a homestead laid off to the defendant in the land sold.
The constitution provides that the homestead shall not be exempt from sale under execution or other final process for the payment of obligations contracted for the purchase of the premises. Art. X, §2.
It- appears that the debt for which the land was sold was contracted for, and only for, the purchase money of the land; that the…
2Cases cited5 opinions
- Rollins v. . HenrySupreme Court of North Carolina · 1878
- Wilson v. . PattonSupreme Court of North Carolina · 1882
- Albright v. . AlbrightSupreme Court of North Carolina · 1883
- McKee v. . LinebergerSupreme Court of North Carolina · 1882
- Houston v. . McGowenSupreme Court of North Carolina · 1878
3Cited by19 opinions
- Long v. . WalkerSupreme Court of North Carolina · 1890
- State v. SullivanU.S. Circuit Court for the District of Western North Carolina · 1892
- Jones v. . JonesSupreme Court of North Carolina · 1917
- McCanless v. . FlinchumSupreme Court of North Carolina · 1887
- Person v. . RobertsSupreme Court of North Carolina · 1912
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