Legal Opinion

Edwards v. Kearsey

Supreme Court of North Carolina

Decided June 15, 1876Published

This was a Civil Action, for the possession of a tract of land, sold by the Sheriff under a ven. exp., tried before Henry, J., at Spring Term, 1876, of the Superior Court of Granville County. The following facts were agreed, and his Honor determined the case upon a due consideration thereof, after argument. * On the 16th December, 1868, judgment was given in a JusticeV.

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This was a Civil Action, for the possession of a tract of land, sold by the Sheriff under a ven. exp., tried before Henry, J., at Spring Term, 1876, of the Superior Court of Granville County. The following facts were agreed, and his Honor determined the case upon a due consideration thereof, after argument. * On the 16th December, 1868, judgment was given in a JusticeV. Court, in favor of B-. L. & D. A. Hunt, assignees, &c., against the defendant Kearsoy, for $29.70, with interest, &c., which said judgment was docketed in the Superior Court of Granville, 16th December, 1868. In January, 1868,…

1Opinion of the CourtReade, J.

Hill v. Kessler, 63 N. C. Rep., p. 437, governs this case and sustains his Honor’s ruling.

Gunn v. Barry, decided in the Supreme Court of the United States, relates to the exemption laws of Georgia, where the disparity between former and present exemptions is “striking,” and affords self-evidence of conflict with the Constitution of the United States, which forbids laws which impair the obligation of contracts. Whereas, there is no beligerancy between our former and present, exemptions, but they are in peaceful conformity. Garrett v. Cheshire, 69 N. C. Rep., 396.

There is no error.

Peb CURIAM.…

2Cases cited1 opinion

  1. Garrett v. . ChesireSupreme Court of North Carolina · 1873

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