Lee v. Moseley
Supreme Court of North Carolina
This was an application to have a homestead allotted, tried upon issue of fact joined, before Shepherd, J., at Spring Term, 1888, of Sampson Superiour Court.
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This was an application to have a homestead allotted, tried upon issue of fact joined, before Shepherd, J., at Spring Term, 1888, of Sampson Superiour Court. The plaintiff having recovered judgment against the defendant in the court of a justice of the peace, in the county of Sampson, and caused it to be docketed in the Superior Court, sued out an execution thereon, under which the tract or lot of the defendant was, in July, 1887, sold and conveyed to the plaintiff without assigning him a homestead. At the time of sale no claim was made thereto, but the defendant, according to the Sheriff’s…
1Opinion of the Court
Smith, C. J.,
(after stating the case.) The Constitution of the State confers a right of homestead in land, which shall be for a limited time exempt from execution or other final process obtained on any debt, with the dwelling and buildings used thereon, “ owned and occupied by any resident of this State,” not exceeding one thousand dollars in value — Cons., Art. X, Sec. 2 — and the only inquiry the appeal requires us to make is, as to the correctness of the construction put upon the words, “ a resident of this State,” by the Judge in his charge to the jury.
We think it clear that the…
2Cases cited2 opinions
- Munds v. . CassideySupreme Court of North Carolina · 1887
- Baker v. . LeggetSupreme Court of North Carolina · 1887
3Cited by8 opinions
- Charisse v. EldredSupreme Court of Arkansas · 1972
- Munds v. . CassideySupreme Court of North Carolina · 1887
- Fulton v. RobertsSupreme Court of North Carolina · 1893
- Fulton v. . RobertsSupreme Court of North Carolina · 1893
- Jones v. . AlsbrookSupreme Court of North Carolina · 1894
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