Wharton v. . Leggett
Supreme Court of North Carolina
Special Proceeding heard on appeal at.December Special Term, 1877, of Beaufort Superior Court, before Schenclc, J. Upon the facts which are set out by Mr. Justice Asi-ie in delivering the opinion, His Honor held that the defendant, widow, was not entitled to a homestead, and from that ruling she appealed.
1Opinion of the CourtAshe, J.
This is a special proceeding commenced before the clerk of the superior court of Beaufort county, by the plaintiff as administrator of John A. Leggett, against Elizabeth Leggett, his widow, and the heirs at law of his intestate who are defendants, to sell the lands descended from him, to make assets for the payment of his debts.
The intestate, John A. Leggett, owned no other land than that described in the petition, which is worth less than one thousand dollars. He left children but they had attained their majority. His widow, Elizabeth Leggett, who had no homestead of her own, resisted the…
2Cases cited1 opinion
- Hager v. . Nixon and Wife .Supreme Court of North Carolina · 1873
3Cited by9 opinions
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- Boone v. . HardieSupreme Court of North Carolina · 1882
- Campbell v. . PottsSupreme Court of North Carolina · 1896
- Williams v. . WhitakerSupreme Court of North Carolina · 1892
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