Spoon v. . Reid
Supreme Court of North Carolina
Civil Action for Possession of Land, tried at Spring. ■Term, 1817, of Randolph Superior Court, before Cox, J. The plaintiff owned a tract of land on which he lived,, and two other small tracts not connected therewith. He-conveyed the tract on which he lived to his daughter to defraud his «’editors.
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Civil Action for Possession of Land, tried at Spring. ■Term, 1817, of Randolph Superior Court, before Cox, J. The plaintiff owned a tract of land on which he lived,, and two other small tracts not connected therewith. He-conveyed the tract on which he lived to his daughter to defraud his «’editors. A creditor sued him, got judgment, the Sheriff had his homestead laid off in the two small -tracts, levied on the home tract as excess over the homestead,. sold the same, and title from the sale .came to the defendant, who sued the plaintiff and recovered possession. The plaintiff brings this…
1Opinion of the CourtReade, J.
(After stating the case as above.) The statement shows that he ought not to have it, yet the homestead law has so much favor, that the grossest frauds are practiced in its name without shame.
Without affecting the conclusion at which we have arrived, it may be conceded that he had never conveyed his home place in fraud, nor at all, but that he owned it and lived upon it at the time of the levy and sale, and yet he •could not recover; for when the allotment was made to him in the other two tracts by the Sheriff’s appraisers, and he took no exception thereto and no appeal'therefrom, and…
2Cited by13 opinions
- Burton v. . SpiersSupreme Court of North Carolina · 1882
- Gheen v. . SummeySupreme Court of North Carolina · 1879
- McCracken v. . AdlerSupreme Court of North Carolina · 1887
- Kirkwood v. PedenSupreme Court of North Carolina · 1917
- Marshburn v. . LashlieSupreme Court of North Carolina · 1898
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