Shepherd v. . Murrill
Supreme Court of North Carolina
Aiuusal from a judgment of a justice of the peace heard at Fall Term, 1883, of JoNES Superior Court, before Philips, J. The action is to recover, the value of one bale of cotton sold by the defendant, sheriff of Onslow county, under an execution issued to enforce the payment of a debt contracted in 1880, without, having allotted to the plaintiff his personal property exemption.
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Aiuusal from a judgment of a justice of the peace heard at Fall Term, 1883, of JoNES Superior Court, before Philips, J. The action is to recover, the value of one bale of cotton sold by the defendant, sheriff of Onslow county, under an execution issued to enforce the payment of a debt contracted in 1880, without, having allotted to the plaintiff his personal property exemption. The plaintiff testified that on.the day of the levy of the execution the defendant jeame to his house and informed him of the execution and inquired if he would pay it, which he refused to do. The defendant thencashed…
1Opinion of the CourtMerriMON, J.
The defendant insisted that the plaintiff ought to have demanded that his personal property exempt from execution should be appraised and laid off to him at the time of the levy upon his property, or within a reasonable time thereafter, before the day of sale; and that inasmuch as he did not make such demand until the day of sale, he had -waived his right to make it.
The court held that there was no such waiver, and we concur in its judgment.
The constitution provides that, “ the personal property of any resident of this state, to the value of five hundred dollars, to be selected by such…
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