McCracken v. . Adler
Supreme Court of North Carolina
Civil action to recover land, tried at Fall Term, 1887, of Haywood Superior Court, before Montgomery, Judge. A judgment creditor of J. C. Smathers had his judgment duly docketed in the Superior Court of Iiaywood county, and execution thereon issued to the sheriff of that county, who levied the same upon and sold the land of this debtor, without first having the homestead of the latter therein laid off to him according to law, or at all, and the plaintiff became the purchaser…
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Civil action to recover land, tried at Fall Term, 1887, of Haywood Superior Court, before Montgomery, Judge. A judgment creditor of J. C. Smathers had his judgment duly docketed in the Superior Court of Iiaywood county, and execution thereon issued to the sheriff of that county, who levied the same upon and sold the land of this debtor, without first having the homestead of the latter therein laid off to him according to law, or at all, and the plaintiff became the purchaser thereof, and took the sheriff's deed therefor. On the trial, he put in evidence the judgment, execution and deed…
1Opinion of the CourtMeekimoN, J.
Accepting the facts as they appear in the record, the judgment debtor was plainly entitled to have his homestead in the land which the sheriff undertook and purported to sell, laid off to him as the law directs. Until this was done, the sheriff had no sufficient authority to levy upon and sell it. The law favors the right of homestead, and the statute (The Code, §§502-506) prescribes in detail and plain terms, leaving little to implication and inference, how it shall be laid off in cases like the present one, and expressly authorizes a levy upon and sale only of the excess of it.
The…
2Cases cited8 opinions
- Wilson v. . PattonSupreme Court of North Carolina · 1882
- Arnold v. . EstisSupreme Court of North Carolina · 1885
- Miller v. . MillerSupreme Court of North Carolina · 1883
- Mebane v. . LaytonSupreme Court of North Carolina · 1883
- Murchison v. . PlylerSupreme Court of North Carolina · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- Dickens v. . LongSupreme Court of North Carolina · 1893
- Dickens v. . LongSupreme Court of North Carolina · 1891
- Buie v. . ScottSupreme Court of North Carolina · 1890
- Stokes v. SmithSupreme Court of North Carolina · 1957
4 more not listed; retrieve them via the Exa API.