Cheatham v. Jones
Supreme Court of North Carolina
Civil action, tried before Watts, J, at the Fall Term, 1872, of Warren Superior Court, upon the following case AGREED. “ On the 12th April, 1870, the defendant, Mark P. Jones, executed a mortgage to the defendants, Peter R. Davis and C. T. Sims, conveying to them a tract of land therein described, to secure two bonds in favor of the defendant, L. G. Ward, guardian, and against said Mark P. Jones, as principal, and said Peter R. D,avis and C. T. Sims, as sureties; one in the…
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Civil action, tried before Watts, J, at the Fall Term, 1872, of Warren Superior Court, upon the following case AGREED. “ On the 12th April, 1870, the defendant, Mark P. Jones, executed a mortgage to the defendants, Peter R. Davis and C. T. Sims, conveying to them a tract of land therein described, to secure two bonds in favor of the defendant, L. G. Ward, guardian, and against said Mark P. Jones, as principal, and said Peter R. D,avis and C. T. Sims, as sureties; one in the sum of $1,777.69, with interest from the 19th January, 1870 ; and the other for $2,222.31, with interest from the 1st…
1Opinion of the CourtPearson, C. J.
The question presented by the case is this : Has a mortgagor in possession a right to a homestead, as against all other creditors, save the creditors secured by the mortgage ?
We concur in the opinion of his Honor, that the homestead is exempt from sale under execution, and that the-mortgagor, although he holds subject to the mortgage debt,.. holds his homestead paramount to the other creditors. s
A mortgage is a mere incumbrance upon a man’s land, given as a security for the debts therein set out; and if he can discharge the incumbrance by the sale of the land outside of his homestead, or in…
Also in this document: Per curiam.
2Cited by12 opinions
- Burton v. . SpiersSupreme Court of North Carolina · 1882
- Albright v. . AlbrightSupreme Court of North Carolina · 1883
- Hinson Cummings v. . Adrian VollersSupreme Court of North Carolina · 1885
- Butler & Co. v. StainbackSupreme Court of North Carolina · 1882
- Cheek v. . WaldenSupreme Court of North Carolina · 1928
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