Legal Opinion

Hughes v. . Hodges

Supreme Court of North Carolina

Decided February 5, 1889Published

PLAINTIFF'S APPEAL. This was a civil action, heard before Graves, J., at the-Spring Term, 1888, of the Superior Court of Northampton. County. The plaintiffs are the executor and heirs-at-law of Samuel Calvert.

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PLAINTIFF'S APPEAL. This was a civil action, heard before Graves, J., at the-Spring Term, 1888, of the Superior Court of Northampton. County. The plaintiffs are the executor and heirs-at-law of Samuel Calvert. On the 8th of January, 187(3, defendant executed three notes of that date, but falling due in one, two and three years after date, payable to said Samuel Calvert, and at the same time executed to said Calvert a mortgage deed, conveying thirty-five acres of' land in Northampton County, to secure the payment of said notes. This action was brought to foreclose. At the time when the…

1Opinion of the CourtAvery, J.

(after stating the case). When we approach the consideration of the question, whether the oiganic law or the statute law shall be so construed as either to preserve unimpaired or to greatly restrict the right of the citizen to alien his own land, it is wise to recur to the fundamental principles embodied in our State and National Constitutions, or the elements of the common law that have proven consistent with the genius of our institutions.

Every citizen has the right to enjoy the fruits of his own labor, and when his earnings are invested in land, the rule is that he acquires -with the title…

2Cases cited15 opinions

  1. Crummen v. . BennetSupreme Court of North Carolina · 1873
  2. A. T. Bruce & Co. v. StricklandSupreme Court of North Carolina · 1879
  3. Littlejohn v. . EgertonSupreme Court of North Carolina · 1877
  4. Markham v. W. H. Hicks & Co.Supreme Court of North Carolina · 1884
  5. W. M. Sutton v. . J. A. J. AskewSupreme Court of North Carolina · 1872

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