New Amsterdam Casualty Co. v. Dunn

The only question presented here is whether the judgment decreeing a sale of the debtor’s land may be modified so as to permit the allotment of a homestead therein.

The Constitution of North Carolina (Art. X, sec. 2) provides that “Every homestead . . . owned and occupied by any resident of this State and not exceeding the value of one thousand dollars, shall be exempt from sale under execution or other final process obtained on any debt,” and this homestead “to be selected by the owner thereof.”

The right to the homestead exemption is guaranteed to every resident of North Carolina by the…