Gulley v. . Cole
Supreme Court of North Carolina
This was an appeal by the defendant from an allotment of homestead, made to him under execution in favor of the plaintiff, tried at October Term, 1885, of Wayne Superior Court, before Clark, J., and a jury. In 1879, the homestead of the defendant was duly valued and laid off to him.
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This was an appeal by the defendant from an allotment of homestead, made to him under execution in favor of the plaintiff, tried at October Term, 1885, of Wayne Superior Court, before Clark, J., and a jury. In 1879, the homestead of the defendant was duly valued and laid off to him. Thereafter the plaintiff obtained a judgment against him, sued out an execution upon the same, and under this execution the Sheriff proceeded to have valued and laid off the defendant's homestead in the same land, as if no homestead had ever theretofore been laid off to him. The Court below held that the…
1Opinion of the CourtMebbjmox, J.
(after stating the case). The Court .properly decided that the attempt to value and lay off the homestead of the defendant in the same land a second time was void — not upon the ground upon which the Court based its judgment, but because the homestead, as at first laid off, was effectual, continued to be so, and could not be disturbed by a re-valuation thereof and laying it off a second time. This Court so expressly decided in the defendants appeal in this case. Gulley v. Cole, 96 N. C., 447. That case is conclusive of this, and we need not do more than cite it.
Judgment affirmed.
2Cases cited1 opinion
- Gully v. . ColeSupreme Court of North Carolina · 1887
3Cited by4 opinions
- Vanstory v. . ThorntonSupreme Court of North Carolina · 1892
- Aiken v. GardnerSupreme Court of North Carolina · 1890
- Aiken v. . GardnerSupreme Court of North Carolina · 1890
- Thornton v. . VanstorySupreme Court of North Carolina · 1890