Reeves v. . Haynes
Supreme Court of North Carolina
EJECTMENT tried at Fall Term, 1882, of Wilkes Superior Court, before Gud.ger, J. The land sought to be recovered in this action belonged to the defendant, who on March 27th, 1876, conveyed the same by a deed of mortgage to Noah Brown to secure the payment of the sum of two hundred dollars then loaned to the defendant, with a power of sale to the mortgagee in case of default in making payment.
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EJECTMENT tried at Fall Term, 1882, of Wilkes Superior Court, before Gud.ger, J. The land sought to be recovered in this action belonged to the defendant, who on March 27th, 1876, conveyed the same by a deed of mortgage to Noah Brown to secure the payment of the sum of two hundred dollars then loaned to the defendant, with a power of sale to the mortgagee in case of default in making payment. The equity of redemption was afterwards conveyed by the defendant to the plaintiff in a deed similar in its terms to the other. The land was acquired by the defendant several years before the adoption of…
1Opinion of the CourtSmith, C. J.
We suppose the ruling was made on the ground that the right to a homestead therein, it being conceded that the premises were not worth more than one thousand dollar’s, was not divested by the deeds executed by the defendant alone. In this we think there is error, and the ruling is in conflict Avith the adjudications heretofore made in this court.
In Sutton v. Askew, 66 N. C., 172, it is decided that the act of the general assembly restoring to the avMoav the common law right of doAver in all estates of inheritance whereof the husband was seized at any time during the coverture, Avas…
2Cases cited7 opinions
- Williams v. . TeacheySupreme Court of North Carolina · 1881
- A. T. Bruce & Co. v. StricklandSupreme Court of North Carolina · 1879
- W. M. Sutton v. . J. A. J. AskewSupreme Court of North Carolina · 1872
- O'Kelly v. . WilliamsSupreme Court of North Carolina · 1881
- Wittkowski v. . WatkinsSupreme Court of North Carolina · 1881
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3Cited by7 opinions
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- Gladney v. SydnorSupreme Court of Missouri · 1903
- Castlebury v. . MaynardSupreme Court of North Carolina · 1886
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1958
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