North Carolina National Bank v. Sharpe

WEBB, Judge.

Article X, Section 2 of the Constitution of North Carolina and G.S. 1-369 through G.S. 1-392 exempt certain real property from sale under execution. This constitutional and statutory right may be waived. See Land Bank v. Bland, 231 N.C. 26, 56 S.E. 2d 30 (1949); Cameron v. McDonald, 216 N.C. 712, 6 S.E. 2d 497 (1940); Pence v. Price, 211 N.C. 707, 192 S.E. 99 (1937). The question posed by this appeal is whether the defendants waived the right to have a homestead allotted in the real property sold under execution. The defendants made no objection to the sale under execution without…