Shields v. . Allen
Supreme Court of North Carolina
Special Pe-oceediNg commenced in the Probate Court and beard on appeal at Spring Term, 1877, of PIalieax Superior 'Court, before Buxton, J. The defendants are the heirs-at-law of James Y. Allen, the intestate of plaintiff, whose land was sold for the payment of his debts. A portion of the land was bought by one John Manley who paid a part of the purchase money and gave a note for the balance due, with one John A. Eeid as surety. Manley is insolvent.
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Special Pe-oceediNg commenced in the Probate Court and beard on appeal at Spring Term, 1877, of PIalieax Superior 'Court, before Buxton, J. The defendants are the heirs-at-law of James Y. Allen, the intestate of plaintiff, whose land was sold for the payment of his debts. A portion of the land was bought by one John Manley who paid a part of the purchase money and gave a note for the balance due, with one John A. Eeid as surety. Manley is insolvent. Eeid died intestate and J. M. Mullen is his administrator. The report of the sale was returned and regularly confirmed, and the plaintiff…
1Opinion of the Court
RodmáN, J.
It is conceded that the minor children off John Y. Allen were entitled to a homestead in the lands described in the pleadings.. 72 N. C. 504. After such homestead was laid off there was no excess; the whole land did not exceed $1,000 in value. The homestead estate could not be sold to pay debts, nor could the reversion after the expiration of the homestead. Hinsdale v. Williams, 75 N. C. 430. There.was nothing, therefore, which the Court could authorize to be sold, or which the administrator could selL The purchaser acquired nothing. All this seems to be admitted ; at all events, we…
2Cases cited2 opinions
- Hinsdale v. . WilliamsSupreme Court of North Carolina · 1876
- Allen v. . Shields, Adm'r. .Supreme Court of North Carolina · 1875
3Cited by8 opinions
- Miller v. . FeezorSupreme Court of North Carolina · 1880
- Edney v. . EdneySupreme Court of North Carolina · 1879
- Grimes v. . TaftSupreme Court of North Carolina · 1887
- Stokes v. SmithSupreme Court of North Carolina · 1957
- Ellis v. . AddertonSupreme Court of North Carolina · 1883
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