Watkins v. . Overby
Supreme Court of North Carolina
Motion in the Cause, .heard at Spring Term, 1880, of GraNVILLe Superior Court, before Seymour, J. At the .commencement of his action, the plaintiff sued out a writ of attachment against the estate of the defendant, who had removed from the state and was then residing in Virginia, and it wa.s levied on November 8th, 1875, upon certain real estate in Granville.
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Motion in the Cause, .heard at Spring Term, 1880, of GraNVILLe Superior Court, before Seymour, J. At the .commencement of his action, the plaintiff sued out a writ of attachment against the estate of the defendant, who had removed from the state and was then residing in Virginia, and it wa.s levied on November 8th, 1875, upon certain real estate in Granville. At spring term, 1876, the defendant appeared and put in-his answer to the complaint, and at spring term, 1880, the plaintiff recovered judgment for his debt. After the levy, the defendant returned • and b.e-came and was again a resident…
1Opinion of the CourtSmith, C. J.
The only question presented for our determination, is whether tlie right of homestead acquired by the return and residence of the debtor is paramount and displaces the lien of the precedent attachment. The constitution and the laws pursuant to it exempt from sale under execution or other final process for debt, the homestead of the debtor, not exceeding in value.the sum of one thousand dollars, owned and occupied by any resident of this state.” Art. X, § 2; Bat. Rev., ch. 55.
The right to the exemption is inseparable from residence and not existing at the time.of the levy, the- lands of the…
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