Whitehead v. . Spivey
Supreme Court of North Carolina
This was an action of ejectment, tried before Philips, J., and a jury, at April Term, 1888, of the Superior Court of Moore County. The plaintiff introduced evidence tending to show that one J. B. Cole was the owner of the locus in quo in 1874. He then introduced a deed from said Cole to M. M. Spivey, dated September 16, 1874, conveying the locus in quo to him in fee.
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This was an action of ejectment, tried before Philips, J., and a jury, at April Term, 1888, of the Superior Court of Moore County. The plaintiff introduced evidence tending to show that one J. B. Cole was the owner of the locus in quo in 1874. He then introduced a deed from said Cole to M. M. Spivey, dated September 16, 1874, conveying the locus in quo to him in fee. He then introduced evidence of a judgment in favor of W. A. Whitehead and T. H. McKay, partners, trading as W. A. Whitehead & Co., against said M. M. Spivey, for six hundred dollars ($600), rendered in this Court on August 12,…
1Opinion
We think that his Honor erred when he told the jury that the (70) sheriff's deed for the land in controversy was inoperative, and did not vest the title in the plaintiff, because the two other tracts allotted to the defendant as a homestead were valued by the appraisers in the aggregate at only seven hundred and sixty-six dollars.
In the case of Spoon v. Reid, 78 N.C. 244, the facts were that the plaintiff owned a tract of land, on which he lived, and two other tracts. He allowed his homestead to be allotted in the two tracts, and conveyed his home place to his daughter to defraud creditors.
The…
2Cases cited7 opinions
- Burton v. . SpiersSupreme Court of North Carolina · 1882
- Faulcon v. . JohnsonSupreme Court of North Carolina · 1889
- Spoon v. . ReidSupreme Court of North Carolina · 1878
- Bonner v. Stotesbury.Supreme Court of North Carolina · 1905
- Marshburn v. . LashlieSupreme Court of North Carolina · 1898
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