Fulton v. Roberts
Supreme Court of North Carolina
This was a civil ACTION to recover possession of land, tried upon a single issue, before McCorHe, J., and a jury, at the August Term, 1890, of the Superior Court of Surry County. The plaintiff claimed under a Sheriff’s deed, made in pursuance of a sale of the locus in quo, made by S. H. Taylor, Sheriff of Surry County, to satisfy an execution in his hands against the property of defendant Rufus Roberts.
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This was a civil ACTION to recover possession of land, tried upon a single issue, before McCorHe, J., and a jury, at the August Term, 1890, of the Superior Court of Surry County. The plaintiff claimed under a Sheriff’s deed, made in pursuance of a sale of the locus in quo, made by S. H. Taylor, Sheriff of Surry County, to satisfy an execution in his hands against the property of defendant Rufus Roberts. The defendants resisted plaintiff’s recovery, and claimed that the Sheriff sold the property without first having allotted homestead to the defendant Rufus Roberts, and that the sale was…
1Opinion of the Court
Avery, J.:
Two questions are raised by the appeal: (1) If it be admitted that the defendant Rufus Roberts was a citizen of North Carolina, could the Sheriff lawfully sell, under the execution issued against him upon a judgment recovered on a debt created since 1868, a tract of land belonging to him other than that upon which he lived and distant four miles from it, when no homestead had been allotted to him ? (2) Was the definition of “a resident,” given in the instruction of the Court to the jury, because of its inaccuracy or inconsistency, calculated to mislead them in passing upon the issue…
2Cases cited11 opinions
- Mobley v. . GriffinSupreme Court of North Carolina · 1889
- People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
- State Ex Rel. Hannon v. GrizzardSupreme Court of North Carolina · 1883
- Long v. . WalkerSupreme Court of North Carolina · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re SmithUnited States Bankruptcy Court, E.D. Virginia · 1982
- Chitty v. ChittySupreme Court of North Carolina · 1896
- Scott Co. v. Jones Hooker v. JonesSupreme Court of North Carolina · 1949
- Chitty v. . ChittySupreme Court of North Carolina · 1896
- Jones v. . AlsbrookSupreme Court of North Carolina · 1894
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