McKeithen v. Blue.
Supreme Court of North Carolina
ActioN by N. A. MaKeithen against N. A. Blue, heard by Judge Fred. Moore at the March Term, 1906, of the Superior Court of Moore. The Sheriff of Moore County having in hand, for collection, an execution issued upon a judgment in favor of the plaintiff against the defendant, summoned appraisers to allot and set apart to said defendant his homestead and personal property exemptions.
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ActioN by N. A. MaKeithen against N. A. Blue, heard by Judge Fred. Moore at the March Term, 1906, of the Superior Court of Moore. The Sheriff of Moore County having in hand, for collection, an execution issued upon a judgment in favor of the plaintiff against the defendant, summoned appraisers to allot and set apart to said defendant his homestead and personal property exemptions. On 6 January, 1906, the Sheriff, by his deputy, together with said appraisers, went to the home of the defendant for the purpose of notifying him of their proceeding and giving him an opportunity to select his…
1Opinion of the Court
CoNNOR, J\,
after stating the case: Among other exceptions filed by the defendant, is the following: “Because he was not given an opportunity to be present and select such portion of his property as he might choose to constitute his homestead' and be exempt from levy and sale under execution.”
His Honor and the counsel in the cause treated this proceeding as an exception, filed by defendant, pursuant to the provisions of Rev., sec. 699, because he was “dissatisfied with the valuation and allotment of the appraisers,” etc. The procedure prescribed by that section of the Revisal is clear and…
2Cases cited1 opinion
- Allen v. . StricklandSupreme Court of North Carolina · 1888
3Cited by3 opinions
- McKeithen v. . BlueSupreme Court of North Carolina · 1908
- Citizens Bank v. RobinsonSupreme Court of North Carolina · 1931
- In re J. M. Monroe & Co.District Court, E.D. North Carolina · 1907