Hoskins v. . Wall
Supreme Court of North Carolina
Civil ActioN tried at Fall Term, 1876, of Guilford Superior Court, before Kerr, J. The plaintiff brought this action to recover the, value of a-note given by the defendant for the purchase money of a-tract of land bought of one A. C. Caldwell, who afterwards-assigned the note to plaintiff. During the pendency of the action the defendant filed his petition in bankruptcy. No-creditors proved their claims.
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Civil ActioN tried at Fall Term, 1876, of Guilford Superior Court, before Kerr, J. The plaintiff brought this action to recover the, value of a-note given by the defendant for the purchase money of a-tract of land bought of one A. C. Caldwell, who afterwards-assigned the note to plaintiff. During the pendency of the action the defendant filed his petition in bankruptcy. No-creditors proved their claims. His homestead in the land, had been assigned by the Sheriff before the commencement of this action, and the assignee in bankruptcy conveyed the reversionary interest in the same to the…
1Opinion of the CourtPeaRSON, C. J.
The only question in the case is, does the' defendant’s discharge in bankruptcy apply to the demand off the plaintiff? "We think it does.
The debt to the plaintiff is for the purchase'money of ther .land. This, under tbe Constitution and tbe statute, rides over tbe homestead, and the execution, creditor can sell tbe land, the homestead to the contrary notwithstanding, provided he has an execution under which to sell. "When he •asks for a judgment and execution, he is met by the fact, ■“ the defendant is discharged by a decree in bankruptcy, which is pleaded in bar of the further prosecution of…
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- Boone County Bank v. HensleySupreme Court of Arkansas · 1896
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