Smith v. . McDonald
Supreme Court of North Carolina
PETITION for the allotment of a homestead and personal property exemption, heard on appeal from a justice of the peace, by MaoRae, Judge, at August Term, 1886, of Stokes Superior Court. The petition was filed before a justice of the peace by the plaintiff, as widow of Charles Smith, to have her homestead and personal property exemption laid off and allotted to her, in the property of her deceased husband.
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PETITION for the allotment of a homestead and personal property exemption, heard on appeal from a justice of the peace, by MaoRae, Judge, at August Term, 1886, of Stokes Superior Court. The petition was filed before a justice of the peace by the plaintiff, as widow of Charles Smith, to have her homestead and personal property exemption laid off and allotted to her, in the property of her deceased husband. The following facts were admitted by counsel upon a case agreed, after the defendants, who were the creditors and heirs-at-law of Charles Smith, had made themselves parties defendant before…
1Opinion of the CourtAshe, J.
(after stating the facts). We assume that the proceedings had in the Court below were regularly taken, as no objection was made in this Court upon that ground.
As to the personal property exemption, we think there was error in the judgment of the Court below. The widow was not entitled to that exemption. There is no provision in the Constitution, nor any act of the Legislature, which gives her such a right. In Johnson v. Cross, 66 N. C., 167, it is held, that the personal property exemption provided by Art. X of the Constitution, and laws passed pursuant thereto, exists only during the life of…
2Cases cited3 opinions
- Watts v. LeggettSupreme Court of North Carolina · 1872
- Branch, Ex Parte .Supreme Court of North Carolina · 1875
- John Johnson v. . John F. CrossSupreme Court of North Carolina · 1872
3Cited by4 opinions
- Elledge v. WelchSupreme Court of North Carolina · 1953
- Kirkwood v. PedenSupreme Court of North Carolina · 1917
- Kirkwood v. . PedenSupreme Court of North Carolina · 1917
- Tucker v. . TuckerSupreme Court of North Carolina · 1889