Taylor v. . Rhyne
Supreme Court of North Carolina
This was a motion to amerce George W. McKee, the Sheriff of Gaston County, for failure to make a lawful return of a venditioni exponas issued to him in the above stated cause upon the following facts, as appears from the original venditioni exponas and the endorsements thereon issued to said Sheriff from Spring Term, 1870, and returnable to Fall Term, 1870, commanding him to sell two certain tracts of land therein mentioned; that the same came to the hands of the Sheriff as…
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This was a motion to amerce George W. McKee, the Sheriff of Gaston County, for failure to make a lawful return of a venditioni exponas issued to him in the above stated cause upon the following facts, as appears from the original venditioni exponas and the endorsements thereon issued to said Sheriff from Spring Term, 1870, and returnable to Fall Term, 1870, commanding him to sell two certain tracts of land therein mentioned; that the same came to the hands of the Sheriff as appears from his endorsement on the 24th of June, 1870. That at Fall Term, 1870, he returned the same to the Clerk’s…
1Opinion of the CourtDick, J.
The land mentioned in the vendi. expo., was subject to the homestead exemption of the defendant in the execution ; and no part could be sold until the homestead was laid off as required by law. As the homestead was not claimed by the owner, the Sheriff was not bound to lay it off, unless his fees were paid or tendered by the creditor in the execution. Lute v. Reilly, 65 N. C. 20. Acts 1868-'9, ch. 279.
Only the interest of a debtor in land, in excess of the homestead, can be levied upon and sold; and this excess must be ascertained by appraisers properly appointed. The costs of this proceeding…
2Cases cited1 opinion
- Lute v. . ReillySupreme Court of North Carolina · 1871
3Cited by2 opinions
- Crisp v. CrispSupreme Court of Missouri · 1885
- Stokes v. SmithSupreme Court of North Carolina · 1957