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…
1Concurrence
Clark, J. :
Concurring with Furches, J., and Fair-Cloth, C. J., in the result, I concur fully with Aveet and MONTGOMERY, JJ., that “the right to a homestead in a tract of land may be lawfully reserved by the owner in a deed of assignment for the benefit of creditors which purports to convey the fee simple to the land subject to such right,” and that the homestead right is “not an estate but a determinable exemption,” which is conferred not on the land but on the homesteader, the right being personal and not in rem and not running with the land.
These positions seem to me to be settled by the…
2Cases cited9 opinions
- Citizens' National Bank v. GreenSupreme Court of North Carolina · 1878
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
- Markham v. W. H. Hicks & Co.Supreme Court of North Carolina · 1884
- Fleming v. . GrahamSupreme Court of North Carolina · 1892
- Vanstory v. ThorntonSupreme Court of North Carolina · 1893
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