Flora v. . Robbins
Supreme Court of North Carolina
Homestead, — Allotment of. This was a CONTROVERSY presented by exceptions to an assignment of homestead, heard before Gudger, Judge, at Fall Term, 1884, of Bertie Superior Court. From the judgment of the court overruling the defendant’s exceptions and confirming the action of the appraisers, the defendant appealed.
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Homestead, — Allotment of. This was a CONTROVERSY presented by exceptions to an assignment of homestead, heard before Gudger, Judge, at Fall Term, 1884, of Bertie Superior Court. From the judgment of the court overruling the defendant’s exceptions and confirming the action of the appraisers, the defendant appealed. The sheriff of the county of Bertie had in his hands on the 17th day of September, 1884, an execution in favor of the plaintiff and against the defendant, for the sum of $85.25, with interest thereon from the first day of December, 1882, founded upon a judgment docketed in that…
1Opinion of the CourtMerrimon, J.
(after stating the facts). It is admitted as a fact that the allotment made by the appraisers “has the effect to defeat the defendant in obtaining a homestead.”
How this effect is wrought does not, in terms, appear, but the plain implication, from the facts stated in the exception of the defendant, is that the land allotted as homestead will not more than discharge the two mortgage debts that, as is admitted, constitute a first lien upon it.
If this is so, the appraisers ought not to have set apart the land embraced by the mortgage, especially as the defendant had other land unaffected by any…
2Cases cited1 opinion
- Shepherd v. . MurrillSupreme Court of North Carolina · 1884
3Cited by4 opinions
- Tussey v. Owen.Supreme Court of North Carolina · 1905
- McCracken v. . AdlerSupreme Court of North Carolina · 1887
- Equitable Life Assurance Society of the United States v. RussosSupreme Court of North Carolina · 1936
- Citizens Bank v. RobinsonSupreme Court of North Carolina · 1931