Edwards v. Kearzey
Supreme Court of the United States
Error to the Supreme Court of the State of North Carolina. This action was commenced by Leonidas C. Edwards, March 81, 1869, in the Superior Court of. Granville County, North Carolina, against Archibald Kearzey, to recover the possession of certain lands in that .county.
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Error to the Supreme Court of the State of North Carolina. This action was commenced by Leonidas C. Edwards, March 81, 1869, in the Superior Court of. Granville County, North Carolina, against Archibald Kearzey, to recover the possession of certain lands in that .county. They were levied upon and sold by the sheriff, by virtue of executions sued out upon judgments rendered against Kearzey, on contracts which matured before April 24, 1868, when the Constitution of North Carolina took effect, the tenth article of which exempts from sale under execution or other final process, issued for the…
1Opinion of the Court
Mr.’Justice Swayne
delivered the opinion of the court.
-The Constitution of North Carolina of 1868 took effect on the 24th of April in that year. Sects. 1 and 2. of art. 10 déclare that personal property of any resident of the State, of the value of' $500, to be selected' by Such resident, shall be exempt from sale under execution or other final, process issued for the collection of any debt; and that every homestead, and the buildings used'therewith, not exceeding in. value $1,000, to be selected by. the owner, or, in lieu thereof, at the option of the owner, any lot in a city, town, or…
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