Egerton v. Jones
Supreme Court of North Carolina
Civil ACTION, tried before Graves, J., at Spring Term, 1888, of WarreN Superior Court. The plaintiff appealed. This was a proceeding begun by summons and petition, before the Clerk of the Superior Court of said Warren County, on the_day of June, 1886, for the purpose of having sold, to pay the debts of plaintiff’s intestate, a certain tract of land, situated in the said county of Warren, belonging to plaintiff’s intestate and described in the petition, and which was allotted…
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Civil ACTION, tried before Graves, J., at Spring Term, 1888, of WarreN Superior Court. The plaintiff appealed. This was a proceeding begun by summons and petition, before the Clerk of the Superior Court of said Warren County, on the_day of June, 1886, for the purpose of having sold, to pay the debts of plaintiff’s intestate, a certain tract of land, situated in the said county of Warren, belonging to plaintiff’s intestate and described in the petition, and which was allotted to plaintiff’s intestate as a homestead on the 3d day of June, 1871, Ihe said allotment having been made when…
1Opinion of the CourtShephekd, J.
(after stating the case). It seems to have been conceded upon the trial, that if the deeds conveying *283the “ homestead tract” (which was the subject of the controversy) were not declared to have been intended as a mortgage, the plaintiff would be entitled to sell the land and with the proceeds thereof pay the Cheatham judgment. This judgment against Mark P. Jones constituted a lien upon his land, and if before his marriage he conveyed it absolutely to Boyd, the latter and those claiming under him could not insist upon the homestead exemption after the death of Jones. The plaintiff, representing…
2Cases cited3 opinions
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Shields v. . WhitakerSupreme Court of North Carolina · 1880
- Wood, Ex'r. v. . Cherry .Supreme Court of North Carolina · 1875
3Cited by12 opinions
- Porter v. White.Supreme Court of North Carolina · 1901
- Newton v. . ClarkSupreme Court of North Carolina · 1917
- Williamson v. RabonSupreme Court of North Carolina · 1919
- Chilton v. . SmithSupreme Court of North Carolina · 1920
- Norris v. . McLamSupreme Court of North Carolina · 1889
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