Shoaf & Co. v. Frost
Supreme Court of North Carolina
Homestead proceeding heard before Coble, J., at Spring Term, 1898, of Davie Superior Court. The cause came on to be heard on the certificate being filed from the Supreme Court on the opinion rendered at September Term, 1897. Plaintiffs moved for judgment in accordance with certificate filed.
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Homestead proceeding heard before Coble, J., at Spring Term, 1898, of Davie Superior Court. The cause came on to be heard on the certificate being filed from the Supreme Court on the opinion rendered at September Term, 1897. Plaintiffs moved for judgment in accordance with certificate filed. Defendant moved the Court on affidavits, that the Court order the appraisers, in laying off the homestead of the said E. Erost to consider any material depreciation in the property since the time of the first allotment in the Spring of 1894; or that said appraisers make a report to the court, if such…
1Opinion of the Court
Faircloth, C. J.:
The history of, and the facts in this case, will be found in same case reported in 116 N. C., 675, and 121 N. C., 256. Pursuant to the opinion of this Court, the value of the tract of land, which had been set apart by the commissioners, was found by the jury to be $2000 and this Court held that the verdict was conclusive in that respect and directed that a commissioner be appointed to divide said land into two equal parts, one part to be selected by the homesteader as his homestead. The defendant now moves on affidavit that the order to reallot his homestead shall contain a…
2Cases cited1 opinion
- C. J. Shoaf & Co. v. FrostSupreme Court of North Carolina · 1897
3Cited by2 opinions
- Shoaf v. Frost.Supreme Court of North Carolina · 1900
- Wilson v. NewberryCourt of Appeals of Kentucky (pre-1976) · 1931