Johnson v. . Sink

Stacy, O. J.

It is the position of the defendant that the commissioner’s deed under which plaintiff claims title to the locus in quo is void for the reason that the sale, of the premises was had without first allotting to the defendant his homestead. Fulton v. Roberts, 113 N. C., 421, 18 S. E., 510; Morrison v. Watson, 101 N. C., 332, 7 S. E., 795; McCanless v. Flinchum, 98 N. C., 358, 4 S. E., 359. The first and only reference to homestead appearing on the record is in the cross-examination of the plaintiff: “Q. Mr. Sink didn’t have any homestead allowed to him in this judgment of John A.…