Legal Opinion

C. J. Shoaf & Co. v. Frost

Supreme Court of North Carolina

Decided February 5, 1895PublishedCited by 2 opinions

AotioN tried at Fall Term, 1894, of Davie Superior Court, before Battle, J., upon exceptions filed by plaintiffs to the allotment of homestead and personal property exemptions to defendant.

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AotioN tried at Fall Term, 1894, of Davie Superior Court, before Battle, J., upon exceptions filed by plaintiffs to the allotment of homestead and personal property exemptions to defendant. Upon the trial the following issues were tendered by plaintiffs and submitted to the jury : “1. Was the land allotted as a homestead worth more than $1,000 at the time of allotment? ‘Yes.’ “2. If yes, what was the land then worth? Answer, ‘$2,000.’ “3. Was the personal property allotted as a personal property exemption worth more than $500 at the time of the allotment ? ‘Yes.’ “4. If yes, what was said…

1Opinion of the Court

Clark, J.:

The Act of 1885, Oh. 347, amendatory of section 519 of The Code, provides that if the homestead appraisal or assessment shall be increased or reduced by the jury on appeal “ the jury shall assess the value of the property embraced therein ” and that “ the Court shall appoint three commissioners to lay off and set apart the homestead and personal property exemption m accordance with the verdict of the jury.” If upon the jury’s finding an allotment excessive, or the reverse, the case should simply go back to another board of assessors or appraisers, without' any valuation fixed by the…

2Cases cited1 opinion

  1. Vanstory v. . ThorntonSupreme Court of North Carolina · 1892

3Cited by2 opinions

  1. Chadbourn Sash, Door & Blind Co. v. ParkerSupreme Court of North Carolina · 1910
  2. Shoaf v. Frost.Supreme Court of North Carolina · 1900

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