Thomas v. Fulford
Supreme Court of North Carolina
Civil action pending in Beaufort Superior Court and heard before Brown, J. at Chambers, upon a case agreed as follows : “l.- On and prior to January 15th, 1892, the plaintiff, A. W. Thomas, was seized in fee simple of a lot or parcel of land situated in Beaufort County and in the town of Washington, viz. : A lot of land in that part of said town known as “Bonner’s Old Part,” and being a part of lot No. 26, and being the part thereof occupied by the store building now rented…
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Civil action pending in Beaufort Superior Court and heard before Brown, J. at Chambers, upon a case agreed as follows : “l.- On and prior to January 15th, 1892, the plaintiff, A. W. Thomas, was seized in fee simple of a lot or parcel of land situated in Beaufort County and in the town of Washington, viz. : A lot of land in that part of said town known as “Bonner’s Old Part,” and being a part of lot No. 26, and being the part thereof occupied by the store building now rented to S. H. Reid and fronting ’on Market street twenty and one-half feet and running back from said street fifty-five and…
1DissentAvery, J.
The five opinions filed will require careful consideration in order to determine how our former adjudications are affected by' the decision in this case.
The Chief Justice and Justice FueCi-ibs place, as I think, an entirely novel construction upon the language of Chief Justice PeaksoN in Littlejohn v. Egerton, 77 N. C., 379. They are of opinion that it necessarily follows from accepting the definition that “ a homestead right is a quality annexed to land, whereby an estate is exempt from sale under execution for debt,” that even where husband and wife join they cannot reserve in their deed…
2Cases cited23 opinions
- Ruch v. Rock IslandSupreme Court of the United States · 1878
- Moore v. BrownSupreme Court of the United States · 1851
- McDonald v. . DicksonSupreme Court of North Carolina · 1881
- Havemeyer v. Iowa CountySupreme Court of the United States · 1866
- Littlejohn v. . EgertonSupreme Court of North Carolina · 1877
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