Legal Opinion · Dissent

Bevan v. . Ellis

Supreme Court of North Carolina

Decided September 5, 1897PublishedCited by 6 opinions

Civil ACTION tried before Robinson, J., and a jury - at January Term, 1897, of Franklin Superior Court. The action, commenced on the 7th of January, 1896, was to subject to the payment of plaintiff’s judgment rendered and docketed in 1872, land which had been allotted to the judgment debtor as a homestead but -which had been conveyed by the judgment debtor thereafter and by mesne conveyances had been acquired by defendants.

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Civil ACTION tried before Robinson, J., and a jury - at January Term, 1897, of Franklin Superior Court. The action, commenced on the 7th of January, 1896, was to subject to the payment of plaintiff’s judgment rendered and docketed in 1872, land which had been allotted to the judgment debtor as a homestead but -which had been conveyed by the judgment debtor thereafter and by mesne conveyances had been acquired by defendants. It was admitted on the trial: That Edgar Miller is the surviving partner of Samuel Bevan and Company, and that R. A. Speed died intestate in the same county of Franklin in…

1DissentClark, J.

The action, commenced on 7 January, 1896, was to subject to the payment of plaintiff's judgment, rendered and docketed in 1872, land which had been allotted to the judgment debtor as a homestead, but which had been conveyed by the judgment debtor thereafter, and by mesne conveyances had been acquired by defendants.

The court, upon the request of the defendants, instructed the jury, that, inasmuch as the allotment of the homestead was not (228) registered in the office of the Register of Deeds of Franklin County until 21 January, 1897, and that inasmuch as it was admitted that several…

2Cases cited11 opinions

  1. McDonald v. . DicksonSupreme Court of North Carolina · 1881
  2. Wilson v. . PattonSupreme Court of North Carolina · 1882
  3. Vanstory v. ThorntonSupreme Court of North Carolina · 1893
  4. Rankin v. . ShawSupreme Court of North Carolina · 1886
  5. Mebane v. . LaytonSupreme Court of North Carolina · 1883

6 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Joyner v. Sugg.Supreme Court of North Carolina · 1903
  2. Brown v. HardingSupreme Court of North Carolina · 1916
  3. Williams v. JohnsonSupreme Court of North Carolina · 1949
  4. Cox v. . BoydenSupreme Court of North Carolina · 1910
  5. Brown v. . HardingSupreme Court of North Carolina · 1916

1 more not listed; retrieve them via the Exa API.

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