Legal Opinion

Littlejohn v. . Egerton

Supreme Court of North Carolina

Decided June 5, 1877PublishedCited by 28 opinions

MotioN in the Cause by plaintiffs to have homestead ascertained and for possession, heard at June Term, 1877, of The Supreme Court. The facts are stated in same case, 76 N. C. 468.

1Opinion of the CourtPearson, C. J.

At the last term we decided that the plaintiffs are entitled to a homestead; but it was held that judgment could not be rendered or a writ of possession issue, for the reason, that the homestead had not been assigned according to law ; the assignment which the. Sheriff attempted to make before he sold under execution being void for uncertainty, in this, that it does not describe the homestead by metes and bounds, or give any description by which it can be identified. See Grier v. Rhyne, 69 N. C. 346.

The case was retained for further directions under the expectation that the plaintiffs would…

2Cases cited2 opinions

  1. Grier v. RhyneSupreme Court of North Carolina · 1873
  2. Branch, Ex Parte .Supreme Court of North Carolina · 1875

3Cited by28 opinions

  1. Benton v. . CollinsSupreme Court of North Carolina · 1899
  2. Keener v. . GoodsonSupreme Court of North Carolina · 1883
  3. Hughes v. . HodgesSupreme Court of North Carolina · 1889
  4. Markham v. W. H. Hicks & Co.Supreme Court of North Carolina · 1884
  5. Adrian v. . ShawSupreme Court of North Carolina · 1880

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