Thornton v. Vanstory
Supreme Court of North Carolina
This is an appeal by the defendant in proceedings under the Homestead Act, tried before. Broion, J, at September Term, 1890, of Cumberland Superior Court.
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This is an appeal by the defendant in proceedings under the Homestead Act, tried before. Broion, J, at September Term, 1890, of Cumberland Superior Court. It appeared in testimony, and by the admission of all parties, that one of the defendants (Vanstory) herein had recovered a judgment herein against the plaintiff, which had been duly docketed in the Superior Court for said county, and execution issued thereon; that on March 4th, 1890, under said execution, the homestead exemption of the plaintiff was set apart by the Sheriff and appraisers, and returned to the office of the Clerk. In due…
1Opinion of the CourtAvery, J.
after stating the facts: Where a homestead has been allotted in the manner prescribed in chapter 10 of The Code, the time for filing objections has passed, and the return of the appraisers has been registered, as in this case, a second allotment- made by appraisal, in the manner prescribed in said chapter, at the instance of a judgment creditor, will be treated as void, though his judgment may have been rendered and docketed after the homestead was first laid off. In such a case, where the creditor files objections to the return of the appraisers so appointed at his instance! and offers proof…
2Cases cited2 opinions
- Gully v. . ColeSupreme Court of North Carolina · 1887
- Ray v. . ThorntonSupreme Court of North Carolina · 1886
3Cited by1 opinion
- Vanstory v. . ThorntonSupreme Court of North Carolina · 1892