Branch v. . Tomlinson
Supreme Court of North Carolina
Case A&reed, heard at Spring Term, 1877, of Wilson Superior Court, before Moore, J. The ease is sufficiently stated by Mr. Justice Haircloth in delivering the opinion of this Court. His Honor held that the waiver in the note was binding upon the defendant, and that at the time of the levy by the Sheriff on the property of defendant, he was estopped from claiming his personal property exemption. Judgment for plaintiff. Appeal by defendant.
1Opinion of the CourtEaiRCLOTh, J.
The agreed case states the following facts: The defendant made the following written agreement with the plaintiffs:
“ Wilson, N. C., July 4th, 1876.
One day after date, for value received, I promise to pay Branch & Co. or order $49.09, with interest from January 1st, 1876, at 8 per cent. I hereby agree that I will not claim any homestead or personal property, exemptions on any final process issued for the collection of this note, and expressly waive the same. Witness my hand and seal.
Wiley Tomlinson, [seal.]
Witness, J. E. Earmee.”
The plaintiffs had a judgment on this instrument, issued an…
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