Morrison v. Watson
Supreme Court of the United States
EEROE TO THE SUPEEME COURT OF THE STATE OF NORTH CAROLINA. This was an action, in the nature of ejectment, brought April 11, 1883, in the superior court of Richmond county in the State of North Carolina, to recover oné hundred acres of land in that county.
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EEROE TO THE SUPEEME COURT OF THE STATE OF NORTH CAROLINA. This was an action, in the nature of ejectment, brought April 11, 1883, in the superior court of Richmond county in the State of North Carolina, to recover oné hundred acres of land in that county. The case certified by that court to the Supreme Court of the State began as follows: “The plaintiff claimed title to the land described in the complaint by virtue of an execution sale and sheriff’s deed made pursuant thereto. The defendant denied that the plaintiff was the owner of the land or that he wrongfully withheld possession thereof.…
1Opinion of the Court
Mr. Justice Gray,
after stating the case, delivered the ■opinion of the court.
The ground on which it was argued in this court that the judgment of the Supreme Court of North Carolina should be reversed was that, the debt, in execution of the judgment upon which the land was sold to the plaintiff, having been contracted before the constitution and laws of the State exempted a homestead from execution, the obligation of the contract was impaired by the statute of North Carolina, by which, as construed by the Supreme Court of the State, such a creditor is obliged to levy his execution, first, by…
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