Gheen v. . Summey
Supreme Court of North Carolina
MOTION for an Injunction beard at Chambers on the 6th of January, 1879, before Schenck, J. The record shows that the plaintiffs obtained several judgments against the defendant on debts contracted prior to 1868, and executions were issued thereon and placed in the hands of J. II.
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MOTION for an Injunction beard at Chambers on the 6th of January, 1879, before Schenck, J. The record shows that the plaintiffs obtained several judgments against the defendant on debts contracted prior to 1868, and executions were issued thereon and placed in the hands of J. II. King, sheriff of Lincoln county; that on the 19th of October, 1870, the said sheriff proceeded to summon appraisers to lay off and assign to the defendant his homestead and personal property exemptions; that the appraisers laid off and allotted them to him and made due return of their proceedings, and the defendant…
1Opinion of the CourtAshe, J.
(After stating the facts.) The inquiry for us to make is, was there error in granting the injunction ? and this involves the question, whether the homestead was liable to be sold under the executions ?
It has been recently decided by the supreme court of the United States in the case of Edwards v. Kearzey, at the October term, 1877, carried by writ of error from this court, that the second section of article ten of the constitution, so far as it relates to pre-existing debts, is in violation of the constitution of the United States, Art. I, § 10, forbidding the states from passing any law…
2Cases cited3 opinions
- Littlejohn v. . EgertonSupreme Court of North Carolina · 1877
- Lambert v. . KinnerySupreme Court of North Carolina · 1876
- Spoon v. . ReidSupreme Court of North Carolina · 1878
3Cited by24 opinions
- Keener v. . GoodsonSupreme Court of North Carolina · 1883
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
- Adrian v. . ShawSupreme Court of North Carolina · 1880
- Burton v. . SpiersSupreme Court of North Carolina · 1882
- Simpson v. . WallaceSupreme Court of North Carolina · 1880
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