McCaskill v. . McKinnon
Supreme Court of North Carolina
PROCEEDING for reallotment of homestead, of defendant, before tbe Clerk, under Act of 1893, chap. 149, upon alleged increase of 50 per cent in value since last allotment, heard upon affidavits, and from his decision in favor of plaintiff there was an appeal by defendant to the Judge, which was tried before Timberlalce, J., at September Term, 1899, of the Superior Court of RichmoNd County, who rendered the following judgment: This cause coming’ on to be beard, and being beard…
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PROCEEDING for reallotment of homestead, of defendant, before tbe Clerk, under Act of 1893, chap. 149, upon alleged increase of 50 per cent in value since last allotment, heard upon affidavits, and from his decision in favor of plaintiff there was an appeal by defendant to the Judge, which was tried before Timberlalce, J., at September Term, 1899, of the Superior Court of RichmoNd County, who rendered the following judgment: This cause coming’ on to be beard, and being beard by consent of all tbe parties at September Term, 1899, of tbe Superior Court of Richmond County, Hon. E. W.…
1Opinion of the CourtMontgomery, J.
Tbis proceeding was begun under tbe provisions of cbap. 149 of tbe Laws of 1893, to have a real-lotment of defendant’s homestead, because of its alleged increase in value of 50 per centum since tbe last allotment thereof. It would appear from a reading of tbe original homestead allotment that tbe appraisers did not allot tbe homestead in tbe corpus of the land, but that they estimated tbe value of the interest of tbe homesteader in tbe land, taking into consideration certain encumbrances upon it and assigned to him “his interest in” tbe land. It further appeared that in the partition of tbe…
2Cases cited1 opinion
- Vanstory v. . ThorntonSupreme Court of North Carolina · 1892
3Cited by3 opinions
- Chadbourn Sash, Door & Blind Co. v. ParkerSupreme Court of North Carolina · 1910
- Brewington v. BrewingtonSupreme Court of Missouri · 1908
- Sample v. . JacksonSupreme Court of North Carolina · 1946