Littlejohn v. . Egerton
Supreme Court of North Carolina
Himestead — Waiver by Husband. Civil ActioN, tried at Spring Term, 1875, of Franklin Superior Court, before Watts, J. The complaint states substantially that the plaintiff J. 13. Littlejohn in October, 1868, was seized of a tract of land in Franklin County containing about 930 acres and that during the years 1867-’8, sundry judgments were obtained against-him and executions issued thereon and placed in the hands of the Sheriff subsequent to the adoption of the Constitution…
Read the full summary
Himestead — Waiver by Husband. Civil ActioN, tried at Spring Term, 1875, of Franklin Superior Court, before Watts, J. The complaint states substantially that the plaintiff J. 13. Littlejohn in October, 1868, was seized of a tract of land in Franklin County containing about 930 acres and that during the years 1867-’8, sundry judgments were obtained against-him and executions issued thereon and placed in the hands of the Sheriff subsequent to the adoption of the Constitution in 1868. The homestead and personal property exemption were allotted to said defendant on the 28th of November, 1868, in…
1Opinion of the CourtPeaesoN, C. J.
The question presented by the pleadings is this : Can a husband who by parol waives his homestead and by assurances and representations that he never intends to claim a homestead induces persons to buy the land at full price including the homestead, afterwards change his mind and claim the homestead, or is he estopped by matter in pais because the successive purchasers would be injured by his false assurances and misrepresentations ?
The Constitution Art. X § 8, permits a husband to dispose of his homestead by deed provided the wife signs the deed “and is privily examined according to law.” So…
2Cited by13 opinions
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
- Showers v. RobinsonMichigan Supreme Court · 1880
- Thurber. Whyland & Co. v. LaRoqueSupreme Court of North Carolina · 1890
- Weathers v. BordersSupreme Court of North Carolina · 1899
- Carolina Interstate Building & Loan Ass'n v. BlackSupreme Court of North Carolina · 1896
8 more not listed; retrieve them via the Exa API.