Toms v. . Fite
Supreme Court of North Carolina
Homestead — Pleading. Civil ACTION tried before MeKoy, Judge, and a jury, at Fall Term, 1884, of Rutherford Superior Court.
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Homestead — Pleading. Civil ACTION tried before MeKoy, Judge, and a jury, at Fall Term, 1884, of Rutherford Superior Court. The complaint alleges that the plaintiff, administrator cum tes-tamento annexo of J. P. Mooney deceased, sold a tract of land described, under the will of his testator, as he had authority to do; that the defendant Fite became the purchaser thereof, and he and the other defendants, as his sureties, executed to the plaintiff their single bond for $2,252.40, to be due, with interest, twelve months next after the 6th day of February, 1882, for part of the “purchase money…
1Opinion of the Court
MerrihoN, J.,
(after statiug the facts). It is very obvious that the complaint alleges a cause of action. The action is not brought to compel the specific performance of a contract, but to recover the money due upon the bond specified in the complaint, and every material fact for that purpose is alleged.
The constitution, Art. X, §2, establishes the right of homestead, and it provides that the homestead “shall be exempt from sale under execution, or other final process obtained on any debtbut it further provides that it shall not be “exempt from sale for taxes, or for payment of obligations…
2Cases cited1 opinion
- Durham v. . Bostick and MartinSupreme Court of North Carolina · 1875
3Cited by3 opinions
- Kinney v. . KinneySupreme Court of North Carolina · 1908
- Steel v. . SteelSupreme Court of North Carolina · 1889
- Durham v. . WilsonSupreme Court of North Carolina · 1889