Jones, Lee & Co. v. Britton
Supreme Court of North Carolina
MotioN, to vacate an injunction in a civil action, heard before Graves, J., at Spring Term, 1888, of the Superior Court .of NoRti-iamptoN County.
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MotioN, to vacate an injunction in a civil action, heard before Graves, J., at Spring Term, 1888, of the Superior Court .of NoRti-iamptoN County. The plaintiff Jones had docketed his judgment against the defendant Britton for $50, with interest from the 29th of January, 1887, and for costs; and at the time the same was so docketed the said defendant was a citizen of this State and entitled to the right of homestead, and was seized and possessed of the land specified in the complaint. He had no personal property subject to levy, and the land mentioned was all he had, was of value not exceeding…
1Opinion of the CourtMerbjmoN, J.
(after stating the case as above). The Constitution (article 10, § 2) gives and secures to every iesident of this State the right of homestead. If he has land he is entitled to have a homestead therein, as allowed, “ exempt from, sale under execution, or other final pr<ice.-s obtained on any debt,” subject to certain specified exceptions. The several statutory provisions prescribing how it shall be valued and laid off to the owner thereof do not give it. They serve the purpose of ascertaining the value thereof, locating it particularly and defining its limits. Neither the constitutional pro-»…
2Cases cited2 opinions
- Gordon v. . LowtherSupreme Court of North Carolina · 1876
- Camp v. BatesSupreme Court of Connecticut · 1835
3Cited by7 opinions
- Chadbourn Sash, Door & Blind Co. v. ParkerSupreme Court of North Carolina · 1910
- Joyner v. Sugg.Supreme Court of North Carolina · 1903
- Gordon v. . LowtherSupreme Court of North Carolina · 1876
- Watters v. . HedgpethSupreme Court of North Carolina · 1916
- Springer v. . SheetsSupreme Court of North Carolina · 1894
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