Earle & Co. v. Hardie
Supreme Court of North Carolina
ArPLicATiON for a Mandamus to compel defendant sheriff' to levy on and sell property of judgment debtors, heard at Spring Term, 1877, of Cumberland Superior Court, before MeKoy, J. The complaint states that at November term, 1869, of said court, the plaintiffs recovered a judgment against William Warden and Daniel McKinnon for the sum of $836.17,. with interest from the 15th of November, 1869, and costs, on three promissory notes for one hundred dollars each, dated November…
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ArPLicATiON for a Mandamus to compel defendant sheriff' to levy on and sell property of judgment debtors, heard at Spring Term, 1877, of Cumberland Superior Court, before MeKoy, J. The complaint states that at November term, 1869, of said court, the plaintiffs recovered a judgment against William Warden and Daniel McKinnon for the sum of $836.17,. with interest from the 15th of November, 1869, and costs, on three promissory notes for one hundred dollars each, dated November 26th, 1867, and payable respectively, six, seven and eight months after date j that the judgment was regularly docketed…
1Opinion of the CourtAshe, J.
(After stating tli-e case.) We think the plaintiffs are entitled to the writ of mandamus as prayed for; but before the writ is issued, it is proper as -a guide to the sheriff that it should be ascertained whether the defendants in the judgment are entitled to homesteads and personal property exemptions, and if so, to what amount and under what law. In considering these questions we will first inquire whether they are entitled to homesteads, and then., whether they can claim personal property exemptions against the execution of plaintiffs.
It has been decided by the supreme court of the United…
2Cases cited2 opinions
- Lessley v. PhippsMississippi Supreme Court · 1874
- Larence v. EvansSupreme Court of Georgia · 1873
3Cited by8 opinions
- Long v. . WalkerSupreme Court of North Carolina · 1890
- McCanless v. . FlinchumSupreme Court of North Carolina · 1887
- Leach v. . JonesSupreme Court of North Carolina · 1882
- Blow v. . HardingSupreme Court of North Carolina · 1913
- Carlton v. . WattsSupreme Court of North Carolina · 1880
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