Murchison v. . Plyler
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1881, of Iredell Superior Court, before Beymour, J. The'plaintiffs intermarried in the year 1870, and have infant children now living. In 1872, John A. Murchison, the father of the male plaintiff, died leaving a will jn which he devised the land in controversy to his widow, Barbara, for life, with remainder in fee to his said son.
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Civil ActioN tried at Fall Term, 1881, of Iredell Superior Court, before Beymour, J. The'plaintiffs intermarried in the year 1870, and have infant children now living. In 1872, John A. Murchison, the father of the male plaintiff, died leaving a will jn which he devised the land in controversy to his widow, Barbara, for life, with remainder in fee to his said son. In 1875, the plaintiff, A. K. Murchison, executed a mortgage whereby he conveyed the said land to one Blackmer, as security for a debt — his wife however not joining in the same. In 1876, Blackmer sold under the mortgage to one Sum-'…
1Opinion of the CourtRuffin, J.
A careful examination of the law in relation to homestead exemptions, as written in the constitution and the statute, and expounded by the courts, seems to lead necessarily to the conclusion, that land held in remainder dependent upon a life estate in another, is not susceptible of that immediate occupancy, which is contemplated by law, in order to constitute a homestead.
While it may not be necessary, and as declared by the courts, is not necessary in order to bring it within the purview of the law, that the land to be exempt should be actually occupied by the claimant of the exemption, it…
2Cited by14 opinions
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- Thomas v. . BunchSupreme Court of North Carolina · 1912
- Stern v. LeeSupreme Court of North Carolina · 1894
- McCracken v. . AdlerSupreme Court of North Carolina · 1887
- In re SaleCourt of Appeals for the Sixth Circuit · 1906
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