Citizens' National Bank v. Green
Supreme Court of North Carolina
Civil ActioN, tried at Spring Term, 1877, of Wake Superior Court, before Buxton, J. The case states: The plaintiff had heretofore obtained! and docketed a judgment against defendant L. M. Green7 at June Term, 1875, of said Court, for $2132 as security for C. B. Harrison.
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Civil ActioN, tried at Spring Term, 1877, of Wake Superior Court, before Buxton, J. The case states: The plaintiff had heretofore obtained! and docketed a judgment against defendant L. M. Green7 at June Term, 1875, of said Court, for $2132 as security for C. B. Harrison. Execution issued thereon, and on the 3& of November, 1875, his personal property exemption to the value of $275,50, and his homestead to the value of $1,000, were allotted to the defendant; but he appealed from the allotment of the real estate as homestead, and thereupon a re-allotment was made on the 22d of November,…
1Opinion of the CourtBynum, J.
A homestead in land to the maximum value allowed by law, had been duly allotted to the defendant L. M. Green. A crop of cotton was then growing upon it, which when matured and gathered he sold, and of the proceeds undertook to lend $800 to his wife, who, with that sum and $200 more which she procured from her sister, purchased the land in question with the privity of the husband, and had the deed executed to herself.
Is this land or any part of it exempt from the debts of the husband ? The husband and wife were insolvent. The husband could not by law-make the contract of loan to his wife, so…
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