Branch, Ex Parte .
Supreme Court of North Carolina
Special pbooeeding, being a petition for a Homestead, originally commenced in a Justice’s Court and carried from thence to the Superior Court of Duplex county, where it was tried at Spring Term, 1874, before his Honor, Judge JRussell. The following facts were agreed and sent to this Court as one of the papers making up the transcript.
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Special pbooeeding, being a petition for a Homestead, originally commenced in a Justice’s Court and carried from thence to the Superior Court of Duplex county, where it was tried at Spring Term, 1874, before his Honor, Judge JRussell. The following facts were agreed and sent to this Court as one of the papers making up the transcript. The plaintiff in the petition is the widow of one J. G. Branch, deceased in 1872, first makjng and publishing a will, from which his widow duly dissented. She filed her petition before a Justice, praying that a Horhestead in certain lands belonging to the estate…
1Opinion of the CourtPeaRson, C. J.
The case depends upon a single question. On the 7th of November, 1872, James G. Branch executed a deed by which lie conveyed to the defendant Keathly in trust for certain creditors, a tract of land known/as his “home place, “ except so much thereof as may be laid off and assigned as a homestead under the act of Assembly and which is expressly excepted from this conveyance.” Is this exception void because of vagueness and uncertainty %
We concur with his Honor in the opinion that the exception is operative and should be allowed to have effect by an order to lay off and assign the homestead to…
2Cited by6 opinions
- Littlejohn v. . EgertonSupreme Court of North Carolina · 1877
- Kirkwood v. PedenSupreme Court of North Carolina · 1917
- Smith v. . McDonaldSupreme Court of North Carolina · 1886
- Kirkwood v. . PedenSupreme Court of North Carolina · 1917
- Schuyler v. WheelonNorth Dakota Supreme Court · 1908
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