Ladd v. . Byrd
Supreme Court of North Carolina
Action to recover land, tried at Spring Term, 1893, of Wilkes Superior Court, before Boykin, J. The plaintiff introduced a certified copy of a judgment of the Supreme Court of North Carolina, rendered at June Term, 1868, in favor of one Amos Ladd against Jesse P. Adams and others, on a debt contracted before 1860, and an execution in the usual form issued thereon, tested January Term, 1868, and returnable to January Term, 1869, of said Court, under which the land in…
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Action to recover land, tried at Spring Term, 1893, of Wilkes Superior Court, before Boykin, J. The plaintiff introduced a certified copy of a judgment of the Supreme Court of North Carolina, rendered at June Term, 1868, in favor of one Amos Ladd against Jesse P. Adams and others, on a debt contracted before 1860, and an execution in the usual form issued thereon, tested January Term, 1868, and returnable to January Term, 1869, of said Court, under which the land in controversy was levied on on August 2, 1868, and sold on the 2d of January, 1869, by the Sheriff of Wilkes, as the property of…
1Opinion of the Court
Avery, J..:.Prior to the passage of the Act of 1870, when the reversionary interest could still be sold under execution, the judgment creditor might, at his option, recognize the claim of the. debtor to a homestead by exposing to sale only such reversionary interest without affecting the validity of the sale or in any way impairing the right of the purchaser to the possession of the land on' the expiration of the prescribed period of exemption. Long v. Walker, 105 N. C., 91; Wyche v. Wyche, 85 N. C., 96; Barrett v. Richardson, 76 N. C., 423. When made expressly “subject to the homestead,” it…
2Cases cited10 opinions
- Avent v. ArringtonSupreme Court of North Carolina · 1890
- Young v. . Town of HendersonSupreme Court of North Carolina · 1877
- Staton v. . MullisSupreme Court of North Carolina · 1885
- Allen v. . SalingerSupreme Court of North Carolina · 1889
- Melvin v. . WaddellSupreme Court of North Carolina · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cameron v. . McDonaldSupreme Court of North Carolina · 1940
- Joyner v. Sugg.Supreme Court of North Carolina · 1903
- Stern v. LeeSupreme Court of North Carolina · 1894
- Avent v. . ArringtonSupreme Court of North Carolina · 1890
- Freeman v. . RamseySupreme Court of North Carolina · 1925
6 more not listed; retrieve them via the Exa API.