Cheek v. . Walden

The plaintiff, a resident of the State, owns certain real property. Judgments are taken by defendants against him and duly docketed on the judgment docket of the Superior Court of the county in which the land is situate, which became a lien on his real property, under 0. S., 614. Thereafter he and his wife, in accordance with law, made a mortgage on the land. No homestead has heretofore been allotted to plaintiff. Can plaintiff claim a homestead in the equity of redemption? We think so.

Const, of N. C., Art. X, sec. 2, is as follows: “Every homestead, and the dwellings and buildings used…