Barrett v. . Richardson
Supreme Court of North Carolina
Homestead — Purchase at Execution Sale. Civil AotioN to recover the possession of Real Estate,, tried at Spring Term, 1876, of Moose Superior Court, before-. Buxton, J. On the 19th of August, 1867, the plaintiff' was the owner of a house and lot in the Town of Carthage, and on the 22nd of July, 18(59, said property was allotted to plaintiff by the Sheriff (who had an execution against .him) as a homestead at the valuation of $750. c The property had been rented to defendant…
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Homestead — Purchase at Execution Sale. Civil AotioN to recover the possession of Real Estate,, tried at Spring Term, 1876, of Moose Superior Court, before-. Buxton, J. On the 19th of August, 1867, the plaintiff' was the owner of a house and lot in the Town of Carthage, and on the 22nd of July, 18(59, said property was allotted to plaintiff by the Sheriff (who had an execution against .him) as a homestead at the valuation of $750. c The property had been rented to defendant Campbell by his co-defendants who claimed the ownership of the same and had received the amounts due for rent. Before…
1Opinion of the Court
•Read®, J.
The plaintiff was the owner of the land in controversy, and in July, 1809, he had his homestead therein laid off’ by metes and bounds according to law. Subsequent thereto, j udgments were obtained against “him on debts which he owed before the adoption of the Constitution which secures a -homestead. These judgments were ■docketed ; and executions issued thereon were levied on the land in controversy “subject to homestead.”
The sale was made by the Sheriff' under the levy and his deed to the purchaser recites the levy. The defendants, who claim under said purchaser, claim the land…
2Cases cited2 opinions
- Hill v. . KesslerSupreme Court of North Carolina · 1869
- Garrett v. . ChesireSupreme Court of North Carolina · 1873
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
- Wyche v. . WycheSupreme Court of North Carolina · 1881
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