Legal Opinion

Thomas v. Fulford

Supreme Court of North Carolina

Decided September 15, 1895PublishedCited by 18 opinions

Civil action pending in Beaufort Superior Court and heard before Brown, J. at Chambers, upon a case agreed as follows : “l.- On and prior to January 15th, 1892, the plaintiff, A. W. Thomas, was seized in fee simple of a lot or parcel of land situated in Beaufort County and in the town of Washington, viz. : A lot of land in that part of said town known as “Bonner’s Old Part,” and being a part of lot No. 26, and being the part thereof occupied by the store building now rented…

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Civil action pending in Beaufort Superior Court and heard before Brown, J. at Chambers, upon a case agreed as follows : “l.- On and prior to January 15th, 1892, the plaintiff, A. W. Thomas, was seized in fee simple of a lot or parcel of land situated in Beaufort County and in the town of Washington, viz. : A lot of land in that part of said town known as “Bonner’s Old Part,” and being a part of lot No. 26, and being the part thereof occupied by the store building now rented to S. H. Reid and fronting ’on Market street twenty and one-half feet and running back from said street fifty-five and…

1Opinion of the Court

Furches, J.:

The homestead provision of the Constitution of 1868 has given rise to many interesting and troublesome questions. And it must be admitted that some of our decisions are not in harmony, and the 'homestead is by no means a settled question. We do not propose in this opinion to give a critical examination to the many cases we have on the homestead, but to treat it mainly as an original question, referring only to a few cases which we think sustain our view7 or illustrate our argument.

This case presents very nearly every question of the homestead that has come before this Court for…

2Cases cited2 opinions

  1. Hughes v. . HodgesSupreme Court of North Carolina · 1889
  2. Littlejohn v. . EgertonSupreme Court of North Carolina · 1877

3Cited by18 opinions

  1. Joyner v. Sugg.Supreme Court of North Carolina · 1903
  2. Miller v. Bank of WashingtonSupreme Court of North Carolina · 1918
  3. Williams v. JohnsonSupreme Court of North Carolina · 1949
  4. Stokes v. SmithSupreme Court of North Carolina · 1957
  5. In re OwingsDistrict Court, E.D. North Carolina · 1905

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