John Johnson v. . John F. Cross
Supreme Court of North Carolina
This was a submission of a controversy without action under Tit. XIV., chap. 1, of the C. C. P., heard before His Honor, Judge Pool, on the 12th day of Béeember, 1870. The plaintiff obtained a judgment against Thomas E. Powell, 'who had been his guardian, for a balance due on his guardian account, at Spring Term 1867, of Pasquotank -Court, and had caused •executions to be regularly issued and kept up thereon, fill after the death of Powell, which occurred in the early part…
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This was a submission of a controversy without action under Tit. XIV., chap. 1, of the C. C. P., heard before His Honor, Judge Pool, on the 12th day of Béeember, 1870. The plaintiff obtained a judgment against Thomas E. Powell, 'who had been his guardian, for a balance due on his guardian account, at Spring Term 1867, of Pasquotank -Court, and had caused •executions to be regularly issued and kept up thereon, fill after the death of Powell, which occurred in the early part of 1870, without his having- made application for a personal property exemption. The defendant administered and sold…
1Opinion of the CourtPbaesojst, C. J.
Constitution, Art. X., See. 1. “ The personal property of any resident of this State, to the value of $500, to be selected by such resident, shall be exempted from salé under execution, or other final process of any court, issued for the collection of any debt.”
Sec. 2. “ Every homestead, and the dwelling, and buildings, used therewith, not exceeding in value $1,000, shall be exempted from sale, under execution, or other final process, obtained on any debt.”
Sec. 3. “The homestead, after the death of the owner thereof, shall be exempt from the payment of any debt, during the minority of his…
2Cited by5 opinions
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- Lane v. . RichardsonSupreme Court of North Carolina · 1889
- Smith v. . McDonaldSupreme Court of North Carolina · 1886
- Welch v. . MacYSupreme Court of North Carolina · 1878