Fraley v. . Kelly
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1882, of Davie Superior Court, before Gudger, J. The plaintiff obtained a judgment in 1878 (on a note dated in January, 1866, as he alleges) against the defendant, Kelly, which was affirmed in the supreme court, from which executions have regularly issued but without satisfaction. Kelly owns and has owned a valuable tract of land in Davie county since the year 1866, which is subject to the dower of his mother.
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Civil ActioN tried at Fall Term, 1882, of Davie Superior Court, before Gudger, J. The plaintiff obtained a judgment in 1878 (on a note dated in January, 1866, as he alleges) against the defendant, Kelly, which was affirmed in the supreme court, from which executions have regularly issued but without satisfaction. Kelly owns and has owned a valuable tract of land in Davie county since the year 1866, which is subject to the dower of his mother. On the 13th of March, 1873, he conveyed the same in trust to the defendant, J. M. Clement, to secure a certain debt, with power to sell the land if the…
1Opinion of the CourtAshe, J.
The question presented by the appeal is, was there error in the judgment of the superior court in holding that the defendant, Kelly, was entitled to his homestead in the lands, desci’ibed in the pleadings, against the claim of the plaintiff, and this involves the inquiry, whether the 'plaintiff’s judgment was founded upon the original contract evidenced by the note, given in 1866, or on the new promise .to pay that debt; if upon the new promise to pay after going into bankruptcy, there can be no question he is entitled to his homestead against the judgment.
The plaintiff says the action was…
2Cases cited3 opinions
- Fraley v. . KellySupreme Court of North Carolina · 1872
- Henly v. . LanierSupreme Court of North Carolina · 1876
- Wiseman v. . PenlandSupreme Court of North Carolina · 1878
3Cited by3 opinions
- Wolffe v. EberleinSupreme Court of Alabama · 1883
- Root v. EspyIndiana Supreme Court · 1884
- Westall v. . JacksonSupreme Court of North Carolina · 1940