Hager v. . Nixon and Wife .
Supreme Court of North Carolina
This was a controversy without action, submitted to his Honor, Logan, J., Judge of the Ninth Judicial District, at the last term of Lincoln Superior Court, under the 315th sec. of the C. C. P. The following is the statement of the controversy and the decision of the Judge upon it; 1. John Hager died in Lincoln county in September, 1872, where he resided.
Read the full summary
This was a controversy without action, submitted to his Honor, Logan, J., Judge of the Ninth Judicial District, at the last term of Lincoln Superior Court, under the 315th sec. of the C. C. P. The following is the statement of the controversy and the decision of the Judge upon it; 1. John Hager died in Lincoln county in September, 1872, where he resided. At his death he was seized in fee of a tract of land in said county, worth about five hundred dollars, and no other real estate. 2. A. J. Morrison administered on his estate on the 2d day of September, 1872. The time for presenting claims has…
1Opinion of the CourtRodman, J.
No precise definition of a homestead is given.' jn the Constitution, and it would only mislead us if we should look into dictionaries or the laws of other States and take the definitions there given as fixing the meaning of the word as given in our. laws. We must look to our own legislation alone to ascertain what it is.
It seems that the idea of a homestead which the framers of our Constitution had in mind was ownership and occupancy of land exempted from execution obtained on any debt during the life of the owner. (Art. X, sec. 2.) To this original conception was added a continuance of the…
2Cited by17 opinions
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
- Spitzer v. Branning, Et Ux.Supreme Court of Florida · 1938
- Simpson v. . WallaceSupreme Court of North Carolina · 1880
- Joyner v. Sugg.Supreme Court of North Carolina · 1903
- Dalrymple v. . ColeSupreme Court of North Carolina · 1915
12 more not listed; retrieve them via the Exa API.