Legal Opinion

Cox v. . Boyden

Supreme Court of North Carolina

Decided November 30, 1910PublishedCited by 2 opinions

Appeal from Long, J., at tbe April Term, 1910, of SuRRY. Among other allegations contained in tbe complaint, it is alleged that C. P. Oox, tbe intestate of tbe plaintiffs, purchased from C. V. S. Boyden, as administrator of N. A. Boyden and individually as bis heir-at-law, 337 acres of land in Surry County belonging to N. A. Boyden, for tbe sum of $4,300, of which $3,900 was paid to tbe First National Bank of Mount Airy, N. O., on a bond secured by a duly registered deed of…

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Appeal from Long, J., at tbe April Term, 1910, of SuRRY. Among other allegations contained in tbe complaint, it is alleged that C. P. Oox, tbe intestate of tbe plaintiffs, purchased from C. V. S. Boyden, as administrator of N. A. Boyden and individually as bis heir-at-law, 337 acres of land in Surry County belonging to N. A. Boyden, for tbe sum of $4,300, of which $3,900 was paid to tbe First National Bank of Mount Airy, N. O., on a bond secured by a duly registered deed of trust on said land, and a note of $400 for tbe balance was executed to the administratrix of N. A. Boyden. Tbe…

1Opinion of the CourtManning, J.

The rulings of his Honor and the referee as to the validity of the allotment of the homestead of N. A. Boyden under execution issued on tbe Susan Cogbill judgment from the Superior Court of Rowan County, though at the time that judgment was not docketed in Surry County, are, in our opinion, sustained by the former decisions of this Court. It was held in Bevan v. Ellis, 121 N. C., 224, that it was not necessary to have the appraisers’ return of the homestead registered in the office of the register of deeds of the county in which the homestead is situated in order to make the judgment lien…

2Cases cited18 opinions

  1. Sprinkle v. Wellborn.Supreme Court of North Carolina · 1905
  2. Neblett v. MacFarlandSupreme Court of the United States · 1876
  3. Gatling v. NewellIndiana Supreme Court · 1857
  4. Odom v. . RiddickSupreme Court of North Carolina · 1889
  5. Lytle v. . LytleSupreme Court of North Carolina · 1886

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3Cited by2 opinions

  1. Bernhardt v. . BrownSupreme Court of North Carolina · 1898
  2. Whitehead v. . SpiveySupreme Court of North Carolina · 1889

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