Wyche v. . Wyche
Supreme Court of North Carolina
Civil Action tried at Fall term, 1880,«of Gkanville Superior Court before Eure, J. This is an action brought to recover the possession of a tract of land which it is admitted formerly belonged to one Andrew J. Harris, who is now dead. The plaintiff claims to have purchased at sheriff’s sale under a judgment against Harris. The defendants are his widow and children, and ■claim to hold the land under an assignment of homestead made in his lifetime.
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Civil Action tried at Fall term, 1880,«of Gkanville Superior Court before Eure, J. This is an action brought to recover the possession of a tract of land which it is admitted formerly belonged to one Andrew J. Harris, who is now dead. The plaintiff claims to have purchased at sheriff’s sale under a judgment against Harris. The defendants are his widow and children, and ■claim to hold the land under an assignment of homestead made in his lifetime. The judgment founded on a note given in 1861, was obtained in March, 1869, and docketed on the 10th day of the same month. Execution issued and was…
1Opinion of the Court
Ruepin, J.,
after stating the case. His Ho norias we infer, (though the statement as to this part of the case is by no means as clear as it should have been) found as a fact, that the sale was made subject to the homestead as allotted to the defendant in the execution, and that the sheriff’s deed was intended to convey only his reversionary interest in the land.
These findings are conclusive alike upon the parties to the action and this court, and being so, we cannot perceive how the case differs from that of Barrett v. Richardson, 76 N. C., 429, in which it was said that where laud is sold at…
2Cases cited1 opinion
- Barrett v. . RichardsonSupreme Court of North Carolina · 1877
3Cited by10 opinions
- Long v. . WalkerSupreme Court of North Carolina · 1890
- Vanstory v. ThorntonSupreme Court of North Carolina · 1893
- Joyner v. Sugg.Supreme Court of North Carolina · 1903
- Lowdermilk v. . CorpeningSupreme Court of North Carolina · 1885
- Ladd v. . ByrdSupreme Court of North Carolina · 1893
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