Legal Opinion

James v. . West

Supreme Court of North Carolina

Decided January 5, 1877PublishedCited by 1 opinion

Homestead — Failure of Lien. Civil Action, for the recovery of Land, tried at Fall Term,, 1876, of Wayne Superior Court, before Seymour, J. The action was brought to the Superior Court of Duplim County and removed to Wayne. The plaintiff claimed under a deed executed by the Sheriff of Duplin, and introduced a transcript of a judgment;, rendered at Fall Term, 1867, of the Superior Court of saidl County in an action wherein Jere.

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Homestead — Failure of Lien. Civil Action, for the recovery of Land, tried at Fall Term,, 1876, of Wayne Superior Court, before Seymour, J. The action was brought to the Superior Court of Duplim County and removed to Wayne. The plaintiff claimed under a deed executed by the Sheriff of Duplin, and introduced a transcript of a judgment;, rendered at Fall Term, 1867, of the Superior Court of saidl County in an action wherein Jere. Pearsall, G-’d’n, &c. wasv plaintiff and the defendant, Owen West et. al were defendants. On said judgment an execution issued January 9th, 1868,, and was returned…

1Opinion of the CourtRbade, J.

The levy of February, j.868 was prior to the-Constitution which establishes a homestead and created &■ lien which, if it had been kept up would have defeated the= defendants’ homestead. McKethan v. Terry, 64 N. C. 25.

But the plaintiff instead of taking out a ven ex. with ajL fa. clause, took out an alias ji. fa. after the Constitution went into effect. And he thereby lost his prior lien. Yarboro v. State Bank, 2 Dev. 23.

There is no error.

Per Curiam. Judgment affirmed..

2Cases cited1 opinion

  1. McKeithan v. . TerrySupreme Court of North Carolina · 1870

3Cited by1 opinion

  1. Pasour v. . RhyneSupreme Court of North Carolina · 1880

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