Fulton v. . Roberts

The plaintiff claimed under a sheriff's deed, made in pursuance of a sale of the locus in quo, made by S. H. Taylor, sheriff of Surry County, to satisfy an execution in his hands against the property of defendant Rufus Roberts.

The defendants resisted plaintiff's recovery, and claimed that the sheriff sold the property without first having allotted homestead to the defendant, Rufus Roberts, and that the title was therefore void.

The plaintiff contended:

"1. That under the admissions filed of record there was no necessity for laying off homestead before the sale.

"2. That defendant, Rufus Roberts,…