Adrian v. . Shaw
Supreme Court of North Carolina
Ciyil Action to recover Land, tried at Fall Term, 1879, of Cumberland Superior Court, before Seymour, J. A jury trial was waived and the court found the following facts: The locus in quo was the residence of John D. Jackson, and worth less than one thousand dollars. It was never laid off as a homestead. Jackson and wife conveyed the same to one McMillan under whom the defendants claim.
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Ciyil Action to recover Land, tried at Fall Term, 1879, of Cumberland Superior Court, before Seymour, J. A jury trial was waived and the court found the following facts: The locus in quo was the residence of John D. Jackson, and worth less than one thousand dollars. It was never laid off as a homestead. Jackson and wife conveyed the same to one McMillan under whom the defendants claim. On April 22, 1872, plaintiff purchased under an execution again Jackson in 1874. One of the judgments on which the sale was made was docketed November 20, 1871, and was for three hundred and forty-eight dollars…
1Opinion of the CourtAshe, J.
The homestead is a right defined and secured by the constitution and vests in the resident owner of the land, independent of any legislation on the subject — constitution article ten, section two, which reads: “Every homestead and the buildings used therewith, not exceeding in value one’thousand dollars to be selected by the owner thereof, or irf lieu thereof, at the option of the owner, any lot in any city, town or village, with the dwelling and buildings thereon, owned and occupied by any resident of this state, and not exceeding the value of one thousand dollars, shall be exempt from sale…
2Cases cited3 opinions
- Littlejohn v. . EgertonSupreme Court of North Carolina · 1877
- Lambert v. . KinnerySupreme Court of North Carolina · 1876
- Gheen v. . SummeySupreme Court of North Carolina · 1879
3Cited by26 opinions
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
- Chadbourn Sash, Door & Blind Co. v. ParkerSupreme Court of North Carolina · 1910
- Vanstory v. ThorntonSupreme Court of North Carolina · 1893
- Joyner v. Sugg.Supreme Court of North Carolina · 1903
- Adrian v. . ShawSupreme Court of North Carolina · 1881
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