Finley v. . Saunders
Supreme Court of North Carolina
This was a civil action, tried at March Term, 1887, of Wilkes Superior Court, before BoyJcin, Judge, upon the following case agreed. The defendant is the wife of W. A. Saunders. Plaintiff ■obtained judgment in the Superior Court at Fall Term, 1885, against said Saunders for $748.12, in an action in which a warrant of attachment regularly issued from said Superior ■Court at the time of issuing of the summons, and was levied ■upon the land described in the complaint.
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This was a civil action, tried at March Term, 1887, of Wilkes Superior Court, before BoyJcin, Judge, upon the following case agreed. The defendant is the wife of W. A. Saunders. Plaintiff ■obtained judgment in the Superior Court at Fall Term, 1885, against said Saunders for $748.12, in an action in which a warrant of attachment regularly issued from said Superior ■Court at the time of issuing of the summons, and was levied ■upon the land described in the complaint. The defendant William A. Saunders was'at the time of the commencement of that action, and still is, ¡i non-resident of this…
1Opinion of the CourtSmith, C. J.
The Constitution exempts from execution, and secures a homestead, not exceeding one thousand dollars in value, to every insolvent debtor who is a resident of the State (Art. 10), and the statute provides how it may be ascertained and set apart to him. The Code, §502 et seq. The exemption endures during the life-time of the debtor, and then of his widow, for her benefit, unless she be the owner of a homestead in her own right, or if there be infant children, for their benefit, until the youngest attains full age. But there is no provision for those who succeed to the prolonged exemption,…
2Cases cited2 opinions
- Gregory v. PaulMassachusetts Supreme Judicial Court · 1818
- Chapman v. LemonNew York Supreme Court · 1855
3Cited by9 opinions
- Brown v. . BrownSupreme Court of North Carolina · 1897
- Chitty v. . ChittySupreme Court of North Carolina · 1896
- Heath, Morrow & Co. v. MorganSupreme Court of North Carolina · 1895
- Blatchley v. Dakota Land & Cattle Co.North Dakota Supreme Court · 1914
- In re DinglehoefDistrict Court, E.D. North Carolina · 1901
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