Long v. . Graeber
Supreme Court of North Carolina
Civil action for possession of land and for damages, tried before Cloud, J., at Spring Term 1870, of Eowan Court. The plaintiff claimed title under a deed by one Gibson, dated 1863, and the latter, under a deed made in 1862 to him as trustee to pay debts, by the defendant. The defendant’s title was as husband of a wife he had married in 1831, -and who died in 1861, having had issue born alive, and capable of inheriting.
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Civil action for possession of land and for damages, tried before Cloud, J., at Spring Term 1870, of Eowan Court. The plaintiff claimed title under a deed by one Gibson, dated 1863, and the latter, under a deed made in 1862 to him as trustee to pay debts, by the defendant. The defendant’s title was as husband of a wife he had married in 1831, -and who died in 1861, having had issue born alive, and capable of inheriting. The defendant claimed that his deed to Gibson was void, as contravening the provisions of the Bevised Oode, c. 56, s. 1. His Honor gave judgment for the plaintiff, and the…
1Opinion of the CourtSettle, J.
Oonld Graeber, who was tenant by the curtesy consummate, sell his estate ? He professed to do so by deed in trust to secure the payment of his debts; but he now contends that the law was more careful of his interests and the rights of the issue by the marriage, than he showed himself to be, and that he, and every one else, is prohibited from selling his estate by Bev. Code, ch. 56, sec. 1, in order' that he, at all events, and perhaps his children also, may have a homestead. He seems to think that there is a magic about the Homestead which will drive off all debts, though they be secured by…
2Cited by4 opinions
- Morris v. . MorrisSupreme Court of North Carolina · 1886
- Thompson v. . WigginsSupreme Court of North Carolina · 1891
- Hussey v. . KiddSupreme Court of North Carolina · 1936
- McCaskill v. . McCormacSupreme Court of North Carolina · 1888