Gully v. . Cole
Supreme Court of North Carolina
Appeal from the allotment of a homestead, heard before Clark, Judge, at October Term, 1885, of Wayne Superior Court. The material facts are, that in 1879, J. M. Powell, having obtained a judgment for money in the Superior Court of the county of Wayne, against the defendant, an execution thereupon duly issued to the sheriff of that county, and the defendant therein — the present defendant — owning a tract of land and having a homestead thereon, the same was duly valued and…
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Appeal from the allotment of a homestead, heard before Clark, Judge, at October Term, 1885, of Wayne Superior Court. The material facts are, that in 1879, J. M. Powell, having obtained a judgment for money in the Superior Court of the county of Wayne, against the defendant, an execution thereupon duly issued to the sheriff of that county, and the defendant therein — the present defendant — owning a tract of land and having a homestead thereon, the same was duly valued and laid off to him, and it embraced one hundred and. ninety-five acres. It is not alleged, nor was there evidence to prove,…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). The Constitution, (Art. IV.), secures a homestead, not exceeding in value one thousand dollars to the owner thereof, to be exempt from sale under execution or other final process obtained on any debt, subject to certain exceptions not necessary to be mentioned here. In aid of this constitutional provision, the statute (The Code, §§501-524), prescribes with much particularity and detail how the homestead thus allotted shall be ascertained and laid off to the owner thereof, and §523, having reference to such ascertainment, provides, that “ any appraisal,…
2Cited by10 opinions
- Brewington v. BrewingtonSupreme Court of Missouri · 1908
- Gowdy v. JohnsonCourt of Appeals of Kentucky · 1898
- Vanstory v. . ThorntonSupreme Court of North Carolina · 1892
- Bevan v. . EllisSupreme Court of North Carolina · 1897
- Gulley v. . ColeSupreme Court of North Carolina · 1889
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