Fox v. . Brooks
Supreme Court of North Carolina
Ejectment tried at Pall Terra, 1882, of CHATHAM Superior Court, before Shipp, J. The feme plaintiff claimed the land by virtue of a sheriff’s sale (and deed to her) under an execution issued upon a judgment, duly docketed in the superior court of Chatham county, rendered on a note as follows: “One day after date we promise to pay Frances Dorsett, or order, the sum of fifty dollars for value received, as witness our hands and seals, March 5th, 1856. (Signed and sealed by…
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Ejectment tried at Pall Terra, 1882, of CHATHAM Superior Court, before Shipp, J. The feme plaintiff claimed the land by virtue of a sheriff’s sale (and deed to her) under an execution issued upon a judgment, duly docketed in the superior court of Chatham county, rendered on a note as follows: “One day after date we promise to pay Frances Dorsett, or order, the sum of fifty dollars for value received, as witness our hands and seals, March 5th, 1856. (Signed and sealed by William B. Dorsett, Joseph J. Fox and J. T. Brooks).” The defendant, as tenant of his co-defendant, Joab T. Brooks, claimed…
1Opinion of the CourtAshe, J.
The only question presented by the record is, whether the defendant is entitled to his homestead in the land in controversy. Article ten, section two of the constitution provides that every homestead and the dwelling and buildings used therewith, not exceeding in value one thousand dollars, to be selected by the owner thereof, <fcc., shall be exempt from sale under execution, or other final process obtained on any debt. But no property shall be exempt from sale for taxes or for the payment of obligations contracted for the purchase of said premises.
And this raises the inquiry, whether the…
2Cases cited1 opinion
- Whitaker v. . ElliottSupreme Court of North Carolina · 1875
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