Mauney v. . Holmes
Supreme Court of North Carolina
Special Proceeding commenced in the Probate Court, for an account of administration, &c., heard on appeal at Spring Term, 1882, of Rowan Superior Court, before Eure, J. In the month of April, 1871, were issued- several executions to the sheriff of Rowan on judgments'theretofore rendered in the superior court in behalf of several creditors against the debtor, Burton Craig, under which certain lands of his were assigned and set apart as a homestead, and exempt from execution…
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Special Proceeding commenced in the Probate Court, for an account of administration, &c., heard on appeal at Spring Term, 1882, of Rowan Superior Court, before Eure, J. In the month of April, 1871, were issued- several executions to the sheriff of Rowan on judgments'theretofore rendered in the superior court in behalf of several creditors against the debtor, Burton Craig, under which certain lands of his were assigned and set apart as a homestead, and exempt from execution under the provisions of the statute. Bat. Rev., ch. 65. He remained in the occupation and use of the land so assigned,…
1Opinion of the Court
Smith, C. J.,
after stating the above. The correctness of the method of distribution adopted in the probate court, is maintained in the argument for the appellant, upon the ground also that by the lapse of time the liens on all the judgments, excluded by the ruling in that court, were extinguished. and thus became debts due by judgment merely, without relation to the time of docketing, and were displaced by those rendered and docketed at a later date, whose liens are preserved, and thus gave them the priority of right of satisfaction.
The argument is fully met by the statute, which directs the…
2Cases cited2 opinions
- Murchison v. . WilliamsSupreme Court of North Carolina · 1874
- Flemming v. . FlemmingSupreme Court of North Carolina · 1881
3Cited by11 opinions
- Holden v. . StricklandSupreme Court of North Carolina · 1895
- Sawyers v. . SawyersSupreme Court of North Carolina · 1885
- Tuck v. . WalkerSupreme Court of North Carolina · 1890
- G A. Gambrill Manufacturing Co. v. WilcoxSupreme Court of North Carolina · 1892
- Lilly v. . WestSupreme Court of North Carolina · 1887
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