Poe v. . Hardie
Supreme Court of North Carolina
Eule for an amercement against the Sheriff of Cumberland ■County, heard before Buxton, J., at' Spring Term, 1871, of Cumberland Superior Court. The plaintiff placed in the hands of the defendant, as Sheriff, .an execution against one Duncan Shaw, based upon a judgment which was obtained upon an ante-war debt. The Sheriff returned thereon, “Deceived April 11th, 1871. Nothing to be found in excess of Homestead.”
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Eule for an amercement against the Sheriff of Cumberland ■County, heard before Buxton, J., at' Spring Term, 1871, of Cumberland Superior Court. The plaintiff placed in the hands of the defendant, as Sheriff, .an execution against one Duncan Shaw, based upon a judgment which was obtained upon an ante-war debt. The Sheriff returned thereon, “Deceived April 11th, 1871. Nothing to be found in excess of Homestead.” The defendant for cause why a judgment ni si should not be entered against him, relied upon the Act of 1869-70, chap. 121. His Honor held the return of the defendant sufficient, and…
1Opinion of the CourtDick, J.
The execution in the hands of the Sheriff was issued to satisfy a judgment obtained on the 17th day of March, 1871, upon a debt contracted previous to the adoption of our Constitution.
The Sheriff failed to levy upon and sell the reversionary interest in a homestead, which had been assigned to the defen dant in the execution; and a motion was made to amerce the Sheriff for his failure to perform, an official duty. This presents the question whether the Act of the 25th of March, 1870, (Acts of 1869-70, chap. 121,page 165) exempting from execution the reversionary interest in homesteads, is in…
2Cases cited1 opinion
- Hill v. . KesslerSupreme Court of North Carolina · 1869
3Cited by14 opinions
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- Markham v. W. H. Hicks & Co.Supreme Court of North Carolina · 1884
- Vanstory v. ThorntonSupreme Court of North Carolina · 1893
- Joyner v. Sugg.Supreme Court of North Carolina · 1903
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