Vanstory v. Thornton
Supreme Court of North Carolina
Civil actiox, tried before Winston, J., at November Term, 1892, of Cumberland Superior Court. This is the same cause tried on demurrer (110 N. C., 10). The demurrer having been overruled, the defendant put in an answer; and certain other persons, to-wit, H. W. Lilly and R. T. Gray, executors of E. J. Lilly, W. P. Wemyess, PI.
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Civil actiox, tried before Winston, J., at November Term, 1892, of Cumberland Superior Court. This is the same cause tried on demurrer (110 N. C., 10). The demurrer having been overruled, the defendant put in an answer; and certain other persons, to-wit, H. W. Lilly and R. T. Gray, executors of E. J. Lilly, W. P. Wemyess, PI. W. Lilty and C. L. Bevil, and W. A. Van-story, all mentioned in the answer as mortgagees of defendant Thornton’s homestead propeily, sought to be subjected to the plaintiff’s debt, were, on their motion, allowed to come in and were made parties defendant, and adopted the…
1DissentClark, J.
There is a distinction between the homestead and the homestead right: the former is the lot of land exempted from sale; the latter is the right to have it exempted, to use and occupy it free from molestation. The former the Constitution permits to be conveyed, but only with the wife’s assent and privy examination; the latter cannot be conveyed to another; it does not pass by a conveyance of the land; it is not- property, but a personal privilege extending (in certain cases) to the minority of the children and the widow. An inadvertence of expression in some of the opinions as to this…
2Cases cited19 opinions
- Edwards v. KearzeySupreme Court of the United States · 1878
- Citizens' National Bank v. GreenSupreme Court of North Carolina · 1878
- Hughes v. . HodgesSupreme Court of North Carolina · 1889
- Adrian v. . ShawSupreme Court of North Carolina · 1880
- Fleming v. . GrahamSupreme Court of North Carolina · 1892
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