Graves v. Hines
Supreme Court of North Carolina
This is a special proceeding, instituted by the plaintiff for license to sell lands of his intestate to pay debts, and heard at Fall Term, 1889, of Surry Superior Court, Gil-mer, J, presiding.
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This is a special proceeding, instituted by the plaintiff for license to sell lands of his intestate to pay debts, and heard at Fall Term, 1889, of Surry Superior Court, Gil-mer, J, presiding. The Clerk of the Superior Court of Surry County made an order giving the administrator license to sell all the lands of his intestate, subject to the widow’s dower, and in no way recognizing or providing for the rights of the infant children, defendants, to have the homestead exemption allotted to them for their use, unless it appear from such order. From this order the defendants appealed to the…
1Opinion of the Court
Per Guriam:
The very point in this case was passed upon in Watts v. Leggett, 66 N. C., 197, and decided adversely to the claims of the defendants. The view there taken by the Court has been long regarded as the settled law of this State, and has been frequently approved in subsequent decisions, notably, in McAfee v. Bettis, 72 N. C., 28, and Gregory v. Ellis, 86 N. C., 579. In the latter case, the opinion in Watts v. Leggett is quoted at some length by Ashe, J., and entirely approved by the Court as to the particular point now in question. We have been much impressed with the able argument of…
2Cases cited3 opinions
- Watts v. LeggettSupreme Court of North Carolina · 1872
- Gregory v. . EllisSupreme Court of North Carolina · 1882
- McAfee v. . BettisSupreme Court of North Carolina · 1875
3Cited by1 opinion
- Morrisett v. . FerebeeSupreme Court of North Carolina · 1897