Cobb v. . Halyburton
Supreme Court of North Carolina
The executors of Jacob Harshaw, at Fall Term, 1869, of the Superior Court of Burke, recovered two judgmeuts ou bonds for the payment of money, executed on September 15th, 1866, to their testator, against Jacob B. Kincaid and others, the co-obli-gors not being the same on each, and were unable to obtain satisfaction upon executions sued out thereon. In September, 1869, the debtor’s homestead and personal property exemptions were laid off to him.
Read the full summary
The executors of Jacob Harshaw, at Fall Term, 1869, of the Superior Court of Burke, recovered two judgmeuts ou bonds for the payment of money, executed on September 15th, 1866, to their testator, against Jacob B. Kincaid and others, the co-obli-gors not being the same on each, and were unable to obtain satisfaction upon executions sued out thereon. In September, 1869, the debtor’s homestead and personal property exemptions were laid off to him. He died in 1872, and the homestead exemption was again laid off for the benefit'of his infant children, the youngest of whom was born on July 18th,…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The only question presented for consideration is, whether the debts reduced to judgments are entitled to be paid from the real estate, and this defence be open to the heirs-at-law.
The act of 1869-70, found in Bat. Rev., ch. 55, sec. 26, forbids the sale under execution for any debt, of “the reversionary interest in any lands included in a homestead,” until after its termination, and meanwhile, “that the statute of limitations shall not run against any debt owing by the holder of the homestead affected by this section during the existence of his interest in the…
2Cases cited3 opinions
- McDonald v. . DicksonSupreme Court of North Carolina · 1881
- Markham v. W. H. Hicks & Co.Supreme Court of North Carolina · 1884
- Albright v. . AlbrightSupreme Court of North Carolina · 1883
3Cited by8 opinions
- Brown v. HardingSupreme Court of North Carolina · 1915
- Ladd v. . ByrdSupreme Court of North Carolina · 1893
- Brown v. . HardingSupreme Court of North Carolina · 1915
- Bevan v. . EllisSupreme Court of North Carolina · 1897
- Blow v. . HardingSupreme Court of North Carolina · 1913
3 more not listed; retrieve them via the Exa API.