Baker v. . Legget
Supreme Court of North Carolina
Civil action, tried before Clark, Judge, at January Term, 1887, of RobesoN Superior Court. It appeared that on.the 26th of December, 1877, Addison Regan owned, and he and his family resided upon the tract of land in question, situate in the county of Robeson; that it was all he had, and of value less than $500; that he was at that time indebted to the plaintiff b3r notes for considerable sums of money, and to secure the payment of such notes, on the day mentioned, he and his…
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Civil action, tried before Clark, Judge, at January Term, 1887, of RobesoN Superior Court. It appeared that on.the 26th of December, 1877, Addison Regan owned, and he and his family resided upon the tract of land in question, situate in the county of Robeson; that it was all he had, and of value less than $500; that he was at that time indebted to the plaintiff b3r notes for considerable sums of money, and to secure the payment of such notes, on the day mentioned, he and his wife executed to the plaintiff a mortgage of this land, which was not registered until the 23d of January, 1878; that…
1Opinion of the Court
MerrimoN, J.,
(after stating the case). The right of homestead provided and secured by the Constitution (Art X, §§2, 5, 8,) is incident to residence in this State. Only residents have and are entitled to it. A non-resident has no such right, although he may be the owner of real property situate in the State. The terms of the Constitution do not embrace him, and moreover, the plain purpose is to exempt the homes of those who have or can acquire them “from sale under execution or other final process obtained on any debt.” He has no home for himself or his family, and the reason for the exemption…
2Cases cited3 opinions
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- Watkins v. . OverbySupreme Court of North Carolina · 1880
3Cited by11 opinions
- Fulton v. RobertsSupreme Court of North Carolina · 1893
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- Fulton v. . RobertsSupreme Court of North Carolina · 1893
- Lee v. MoseleySupreme Court of North Carolina · 1888
- Burgwyn v. . HallSupreme Court of North Carolina · 1891
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