McGowan v. . McGowan
Supreme Court of North Carolina
Motion to dismiss exception of defendant to the report oi' appraisers in the allotment of his homestead under execution heard before Timberlahe, J., at December Term, 1897, of Pitt Superior Court. The exceptions were as follows: Objection by judgment debtor to homestead.
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Motion to dismiss exception of defendant to the report oi' appraisers in the allotment of his homestead under execution heard before Timberlahe, J., at December Term, 1897, of Pitt Superior Court. The exceptions were as follows: Objection by judgment debtor to homestead. “W. K. McGowan, the judgment debtor in the above entitled action for his objections to the valuation and allotment of the appraisers, John F. Boyd, B. J. Wilson and J. A. Thigpen made on the 9th of October, 1897, of his homestead exemptions, alleges: ‘ ‘1. That he flies herewith a transcript of said return, which he has…
1Opinion of the Court
Clark, J.:
The defendant’s exceptions to the homestead allotment are somewhat calculated to confuse. He avers(1) That the appraisers did not value the homestead, with its dwellings and buildings, selected by him; that they gave him no opportunity to make the selection; that he had no notice of their appointment or time and place of meeting; and that they did not select a parcel or tract of land including his dwelling house, but allotted to him a tract which he had conveyed to L. A. McGowan years ago and in which he had no interest; that it is not in his possession, and that exclusive of…
2Cases cited2 opinions
- Crummen v. . BennetSupreme Court of North Carolina · 1873
- Whitehead v. . SpiveySupreme Court of North Carolina · 1889
3Cited by3 opinions
- Smith v. . WoodingSupreme Court of North Carolina · 1917
- Chambers v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1916
- Citizens Bank v. RobinsonSupreme Court of North Carolina · 1931