Cumming v. . Bloodworth
Supreme Court of North Carolina
Ejectment tried at Spring Term, 1882, of Pender Superior Court, before Gilmer, J. The plaintiff alleges that he is the owner in fee of the land in controversy and that the defendants wrongfully withhold the possession of the same.
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Ejectment tried at Spring Term, 1882, of Pender Superior Court, before Gilmer, J. The plaintiff alleges that he is the owner in fee of the land in controversy and that the defendants wrongfully withhold the possession of the same. Defendants deny the allegations of the plaintiff and the following issues were submitted to the jury; 1. Is the plaintiff the owner in fee of the land described in the complaint? 2. Do the defendants wrongfully withhold the possession of the same from the plaintiff? The plaintiff showed title as follows; That from October 18th, 1877, to April 17th, 1878, the firm of…
1Opinion of the CourtAshe, J.
The question presented by the appeal is, does the lien given by the act of 1869-70, (Bat. Rev., ch. 65) to one who furnishes materials, which are used in buildings or improvements upon land covered by the homestead of the owner, supersede the right of homestead therein ?
The right to a homestead not exceeding one thousand dollars in value, is given by the constitution to every resident of the state who owns and occupies land, and it is declared to be exempt from execution-on the final process obtained on any debt, but not from sale for taxes, or for payment of obligations contracted for the…
2Cited by8 opinions
- Johnson v. . LeavittSupreme Court of North Carolina · 1924
- Volker-Scowcroft Lumber Co. v. VanceUtah Supreme Court · 1907
- Cameron v. . McDonaldSupreme Court of North Carolina · 1940
- Broyhill v. . GaitherSupreme Court of North Carolina · 1896
- Verino v. HickeyWashington Supreme Court · 1925
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