Bevan v. . Ellis
Supreme Court of North Carolina
Civil ACTION tried before Robinson, J., and a jury - at January Term, 1897, of Franklin Superior Court. The action, commenced on the 7th of January, 1896, was to subject to the payment of plaintiff’s judgment rendered and docketed in 1872, land which had been allotted to the judgment debtor as a homestead but -which had been conveyed by the judgment debtor thereafter and by mesne conveyances had been acquired by defendants.
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Civil ACTION tried before Robinson, J., and a jury - at January Term, 1897, of Franklin Superior Court. The action, commenced on the 7th of January, 1896, was to subject to the payment of plaintiff’s judgment rendered and docketed in 1872, land which had been allotted to the judgment debtor as a homestead but -which had been conveyed by the judgment debtor thereafter and by mesne conveyances had been acquired by defendants. It was admitted on the trial: That Edgar Miller is the surviving partner of Samuel Bevan and Company, and that R. A. Speed died intestate in the same county of Franklin in…
1Opinion of the Court
MONTGOMERY, J.:
At the Fall Term, 1872, oíFraNTCLIN Superior Court, Samuel Bevan, William A. Williams and Edgar Miller, trading under the firm name of Samuel Bevan & Co., obtained a judgment against R. A. Speed for money and costs, and under an execution issued on the judgment, returnable to the Spring Term, 1878, of that Court, the Sheriff had, through appraisers, the homestead of the defendant allotted to him. The allotment embraced the whole of the debtor’s real estate and was returned by the Sheriff to the Clerk of the Court soon after it was made, and it was filed by the Clerk at that…
2Cases cited12 opinions
- McDonald v. . DicksonSupreme Court of North Carolina · 1881
- Wilson v. . PattonSupreme Court of North Carolina · 1882
- Vanstory v. ThorntonSupreme Court of North Carolina · 1893
- Rankin v. . ShawSupreme Court of North Carolina · 1886
- Mebane v. . LaytonSupreme Court of North Carolina · 1883
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