Aiken v. Gardner
Supreme Court of North Carolina
This is a question as to the allotment of a homestead, heard on objections filed before Bynum, J., at March Term, 1889, of the Superior Court of Durham County.
Read the full summary
This is a question as to the allotment of a homestead, heard on objections filed before Bynum, J., at March Term, 1889, of the Superior Court of Durham County. The case on appeal, as stated by the Judge, is as follows: 1. It is admitted that the judgment under which the execution was issued and homestead allotted was docketed in Durham County, February 22d, 1886. 2. It is admitted that the mortgages to Wyatt, Womble and others were dated — AVomble, 30th of April, 1887; to Mrs. Gardner, August, 1887; Wyatt & Bowling, 7th of December, 1887, covering the land levied on and included in homestead…
1Opinion of the Court
Avery,
— after stating the facts: There was no exception that raised the question, whether the homestead allotted was worth more or less than one thousand dollars. The Judge below finds that the objections were filed in apt time, but holds that no issue was raised by them which it was his duty to submit in this proceeding. We concur with His Honor in the opinion that the equities set up by the parties cannot be passed upon on an appeal from the appraisers, whose duties extended no further than the valuation and allotment by bounds of the homestead. Gulley v. Cole, 102 N. C., 333; Thornton v.…
2Cases cited1 opinion
- Gulley v. . ColeSupreme Court of North Carolina · 1889
3Cited by1 opinion
- Williams v. . WhitakerSupreme Court of North Carolina · 1892