Fleming v. . Graham
Supreme Court of North Carolina
Civil actioN to foreclose a mortgage, tried at Fall Term, 1891, of WarreN Superior Court, Bryan, J., presiding. The facts are stated in the opinion. There was judgment for defendant, and plaintiff appealed.
1Opinion of the Court
Clark, J.:
In Mayho v. Cotton, 69 N. C., 289, it is said; “Section 8, Art. 10 of the Constitution, applies only toa conveyance of the homestead after it is laid off.” This is cited and approved in Hughes v. Hodges, 102 N. C., 236 (247), with some reservations in which it is said that, though no homestead has been allotted, such conveyance cannot be made by the husband without the assent of the wife, if there are judgments against him which constitute a lien upon the land, and upon which executions might issue and make it necessary to have his homestead allotted.
In the present case the…
2Cases cited2 opinions
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
- Mayho and Parker v. . CottonSupreme Court of North Carolina · 1873
3Cited by26 opinions
- Rodman v. Robinson.Supreme Court of North Carolina · 1904
- Chadbourn Sash, Door & Blind Co. v. ParkerSupreme Court of North Carolina · 1910
- Vanstory v. ThorntonSupreme Court of North Carolina · 1893
- M. & J. Finance Corp. v. HodgesSupreme Court of North Carolina · 1949
- Joyner v. Sugg.Supreme Court of North Carolina · 1903
21 more not listed; retrieve them via the Exa API.