North Carolina Joint Stock Land Bank of Durham v. Bland

The first objection of appellant to the judgment is founded on the theory that the execution sale and the ensuing deed are void because “the Sheriff failed to allot the homestead to R. E. Bland and his wife, Louisa Bland.” This assumption rests, in turn, upon these three successive and diverse hypotheses: (1) That the acts of the judgment debtors were insufficient in form to waive their homestead rights in the land embraced by the deed; (2) that the judgment debtors were incapacitated by law to waive such rights in the land even if their acts were adequate in form to effect such purpose; and…