Lambert v. . Kinnery
Supreme Court of North Carolina
Civil AotioN, in the nature of Ejectment, tried before his Honor, Judge K^rr, at Spring Term, 1875, of the Superior Court of RaNdolph county. The defendant, upon certificate of counsel and affidavit, was allowed by the court to defend the action without bond. Tiie plaintiff claimed title to the locus in quo as a purchaser .at sheriffs sale.
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Civil AotioN, in the nature of Ejectment, tried before his Honor, Judge K^rr, at Spring Term, 1875, of the Superior Court of RaNdolph county. The defendant, upon certificate of counsel and affidavit, was allowed by the court to defend the action without bond. Tiie plaintiff claimed title to the locus in quo as a purchaser .at sheriffs sale. To tills tho defendant replied, that he was a resident of this State ; that the locus in quo was the only real estate that he owned, and that no homestead had been allotted to him prior to the levy and sale thereof by the sheriff. The plaintiff demurred to…
1Opinion of the Court
ByNüm, J.
1. We had supposed that it was well settled, in this State, that the homestead of a resident was exempted •from sale under execution, and that only the excess after laying •nff the homestead, was the subject of such sale. Const., Art. X, sec. 2 ; and that it was the duty of the officer having the execution, first, to lay it off, and then levy upon the excess, if any. This allotment of a homestead by the sheriff, was not ■'required in order to vest the title to it in the owner, for that is -done by the Constitution, but for the purpose of ascertaining if there was any excess, which…
2Cases cited4 opinions
- Crummen v. . BennetSupreme Court of North Carolina · 1873
- Banner v. . McMurraySupreme Court of North Carolina · 1827
- Lute v. . ReillySupreme Court of North Carolina · 1871
- Pearce v. . LovinierSupreme Court of North Carolina · 1874
3Cited by26 opinions
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
- Thurber. Whyland & Co. v. LaRoqueSupreme Court of North Carolina · 1890
- Adrian v. . ShawSupreme Court of North Carolina · 1880
- Gheen v. . SummeySupreme Court of North Carolina · 1879
- Simpson v. . WallaceSupreme Court of North Carolina · 1880
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