Hughes v. . Hodges
Supreme Court of North Carolina
PLAINTIFF'S APPEAL. This was a civil action, heard before Graves, J., at the-Spring Term, 1888, of the Superior Court of Northampton. County. The plaintiffs are the executor and heirs-at-law of Samuel Calvert.
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PLAINTIFF'S APPEAL. This was a civil action, heard before Graves, J., at the-Spring Term, 1888, of the Superior Court of Northampton. County. The plaintiffs are the executor and heirs-at-law of Samuel Calvert. On the 8th of January, 187(3, defendant executed three notes of that date, but falling due in one, two and three years after date, payable to said Samuel Calvert, and at the same time executed to said Calvert a mortgage deed, conveying thirty-five acres of' land in Northampton County, to secure the payment of said notes. This action was brought to foreclose. At the time when the…
1DissentMerrimoN, J.
I cannot concur in so much ■of the opinion of the Court in this case as declares and decides that a resident of this State, having a'wife, and land in which he has a homestead, can make a valid sale and ■conveyance thereof, not subject to but divested of the right of homestead therein, “without the voluntaiy signature and assent of his wife, signified on her private examination according to law,” if such sale and conveyance -shall be' made before the homestead shall be valued and laid off as prescribed by the statute; nor in the interpretation given of numerous decisions of this Court cited…
2Cases cited16 opinions
- Citizens' National Bank v. GreenSupreme Court of North Carolina · 1878
- Markham v. W. H. Hicks & Co.Supreme Court of North Carolina · 1884
- Abbott and Foster v. . CromartieSupreme Court of North Carolina · 1875
- Adrian v. . ShawSupreme Court of North Carolina · 1880
- Lambert v. . KinnerySupreme Court of North Carolina · 1876
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