Jones, Lee & Co. v. Britton
Supreme Court of North Carolina
MotioN, to vacate an injunction in a civil action, heard before Graves, J., at Spring Term, 1888, of the Superior Court .of NoRti-iamptoN County.
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MotioN, to vacate an injunction in a civil action, heard before Graves, J., at Spring Term, 1888, of the Superior Court .of NoRti-iamptoN County. The plaintiff Jones had docketed his judgment against the defendant Britton for $50, with interest from the 29th of January, 1887, and for costs; and at the time the same was so docketed the said defendant was a citizen of this State and entitled to the right of homestead, and was seized and possessed of the land specified in the complaint. He had no personal property subject to levy, and the land mentioned was all he had, was of value not exceeding…
1DissentAvery, J.
I regret that, after patient consideration of the argument, and investigation of every phase of the subject, I feel constrained to dissent. My conclusions are embodied in two propositions, each of which I shall discuss as briefly as the importance of the questions involved will permit:
*1821. If the homestead is to be treated as an estate, with all of the incident, rights and liabilities on the part of the owner that the law attaches to other analogous estates, the owner is not impeachable for waste, and if a Court can enjoin him from injury to the land at all, it can interfere only when the waste…
2Cases cited14 opinions
- Keener v. . GoodsonSupreme Court of North Carolina · 1883
- Citizens' National Bank v. GreenSupreme Court of North Carolina · 1878
- Littlejohn v. . EgertonSupreme Court of North Carolina · 1877
- Markham v. W. H. Hicks & Co.Supreme Court of North Carolina · 1884
- Adrian v. . ShawSupreme Court of North Carolina · 1880
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