Watts v. Leggett
Supreme Court of North Carolina
This was a special proceeding instituted by the plaintiff as administrator of one John Leggett, against his widow and minor children to obtain a license to sell the real estate of which the intestate had died seized, subject to the dower of the widow which had been assigned.
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This was a special proceeding instituted by the plaintiff as administrator of one John Leggett, against his widow and minor children to obtain a license to sell the real estate of which the intestate had died seized, subject to the dower of the widow which had been assigned. The intestate had not procured a homestead to be laid off in his life, and now the widow and children claim a homestead oyer and above the dower assigned to the widow, and the cause coming on for hearing before His Honor, Judge Moore, at Chambers, on the 5th day of September, 1871. His Honor decided in favor of their…
1Opinion of the Court
Pearson, C. Jo
Constitution art. X, see. 1, “The personal property of resident of this* State, to the value of $500,” is exempted from sale under execution for any debt. •
*198Sec. 2. “ Every homestead-, and the dwelling and buildings used therewith, not exceeding in value $1,00 j” is exempted from sale, under execution for any debt.
Sec. 3. “ The homestead, after the death of the owner thereof, shall be exempt from the payment oí any debt, during the minority of his children or any one of them.”
Sec. 5. “If the owner of a homestead die, leaving a widow, but no children, the same shall be exempt,…
2Cited by10 opinions
- Caudle v. . MorrisSupreme Court of North Carolina · 1912
- In re SeaboltDistrict Court, W.D. North Carolina · 1902
- Gregory v. . EllisSupreme Court of North Carolina · 1882
- McAfee v. . BettisSupreme Court of North Carolina · 1875
- Smith v. . McDonaldSupreme Court of North Carolina · 1886
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