Sample v. . Jackson

As determinative of this appeal the appellant states this question: “Where a judgment debtor’s homestead has been allotted, can the judgment creditor have the homestead reallotted merely upon a new execution or are tbe provisions of G. S., 1-373, mandatory and exclusive ?”

This question is predicated upon tbe assumption that in present case judgment creditor is restricted to a proceeding for reallotment of homestead. If sucb were tbe case, it is true that tbe creditor would be required to pursue bis remedy by an action in equity, as in Vanstory v. Thornton, 110 N. C., 10, 14 S. E., 637, or by…