Watters v. . Hedgpeth
Supreme Court of North Carolina
Appeal by defendants from Stacy, J., at chambers in New HaNovek, 16 March, 1916: This was a motion for leave to issue execution, heard upon agreed facts. The plaintiff obtained judgment against the defendants in 1902, and on execution issued the homesteads of defendants were allotted. In 1910 the defendants filed a petition in bankruptcy, in which proceeding the -plaintiff proved his judgment as an ordinary unsecured debt, not asserting any lien upon the allotted homesteads.
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Appeal by defendants from Stacy, J., at chambers in New HaNovek, 16 March, 1916: This was a motion for leave to issue execution, heard upon agreed facts. The plaintiff obtained judgment against the defendants in 1902, and on execution issued the homesteads of defendants were allotted. In 1910 the defendants filed a petition in bankruptcy, in which proceeding the -plaintiff proved his judgment as an ordinary unsecured debt, not asserting any lien upon the allotted homesteads. In the bankruptcy proceeding'the homesteads of the defendants were again allotted, being the identical lands which had…
1Opinion of the CourtClark, C. J.
The lien of the judgment is not barred by the statute of limitations, which is suspended and does not run against the docketed judgment during the life of the homestead. Revisal, 685, subsec. 5; Revisal, 686; Farrar v. Harper, 133 N. C., 71; Wilson v. Lumber Co., 131 N. C., 163; Formeyduval v. Rockwell, 117 N. C., 320. “Even if the original judgment had become dormant, the right to. enforce execution thereon upon the land subject to exemption arises on the termination of the homestead.” Rogers v. Kimsey, 101 N. C., 564; Jones v. Britton, 102 N. C., 201.
Revisal, 686, was enacted 6 February,…
2Cases cited15 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- Long v. BullardSupreme Court of the United States · 1886
- McKenney v. CheneySupreme Court of Georgia · 1903
- Wilson v. Beaufort County Lumber Co.Supreme Court of North Carolina · 1902
- Philmon v. MarshallSupreme Court of Georgia · 1902
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3Cited by11 opinions
- State Ex Rel. Tillman v. District CourtMontana Supreme Court · 1936
- White v. . R. R.Supreme Court of North Carolina · 1893
- Cheek v. . WaldenSupreme Court of North Carolina · 1928
- Farris v. . HendricksSupreme Court of North Carolina · 1929
- Lamborn v. WoodardCourt of Appeals for the Fourth Circuit · 1927
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