Legal Opinion

Murray v. . Hazell

Supreme Court of North Carolina

Decided February 5, 1888PublishedCited by 12 opinions

Homestead — Bankruptcy—Cloud upon Title — Jurisdiction. Civil actioN, tried upon demurrer at March Term, 1887, of Alamance Superior Court, before Philips, J. The plaintiff was duly adjudged a bankrupt in a Court of Bankruptcy, and thereafter, according to law, the assignee in bankruptcy assigned to him his homestead in an undivided two-thirds interest in the tract of land mentioned in the complaint The complaint alleges: “ 3. That afterwards, to-wit: on the 31st day of May,…

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Homestead — Bankruptcy—Cloud upon Title — Jurisdiction. Civil actioN, tried upon demurrer at March Term, 1887, of Alamance Superior Court, before Philips, J. The plaintiff was duly adjudged a bankrupt in a Court of Bankruptcy, and thereafter, according to law, the assignee in bankruptcy assigned to him his homestead in an undivided two-thirds interest in the tract of land mentioned in the complaint The complaint alleges: “ 3. That afterwards, to-wit: on the 31st day of May, 1884, the assignee advertised and sold said tract of land, subject to the homestead interest of the bankrupt, and at the…

1Opinion of the Court

Mermm’oN, J.,

(after stating the case). The complaint fails-to allege a cause of action.

The deed of the assignee in bankruptcy executed to the defendant, and under which the latter claims to derive title to the land mentioned subject to the plaintiff’s homestead therein, is in no respect, way or manner inconsistent with, nor does it in terms or legal effect interfere with the plaintiff’s right to his homestead. On the contrary, it purports to recognize it and to convey an estate subject to it, and does so in legal effect. It does not in any degree becloud, complicate, obscure, or imperil the…

2Cases cited4 opinions

  1. Markham v. W. H. Hicks & Co.Supreme Court of North Carolina · 1884
  2. Busbee v. . MacYSupreme Court of North Carolina · 1881
  3. Byerly v. . HumphreySupreme Court of North Carolina · 1886
  4. Pearson v. . BoydenSupreme Court of North Carolina · 1882

3Cited by12 opinions

  1. Newman MacHine Company v. NewmanSupreme Court of North Carolina · 1969
  2. Joyner v. Sugg.Supreme Court of North Carolina · 1903
  3. Williams v. . ScottSupreme Court of North Carolina · 1898
  4. McNamee v. . AlexanderSupreme Court of North Carolina · 1891
  5. Ramsey v. . RamseySupreme Court of North Carolina · 1944

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