Stern v. Lee
Supreme Court of North Carolina
Civil ACTION, heard at Fall Term, 1898, of Chowan Superior Court, before Graves, J. The facts appearing from the complaint are as follows: “By deed, dated July 1, 1879, certain land in Chowan County was conveyed to D. M. Lee in fee, reserving a life estate to feme grantor S. F. Bond, to be terminated on her second marriage.
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Civil ACTION, heard at Fall Term, 1898, of Chowan Superior Court, before Graves, J. The facts appearing from the complaint are as follows: “By deed, dated July 1, 1879, certain land in Chowan County was conveyed to D. M. Lee in fee, reserving a life estate to feme grantor S. F. Bond, to be terminated on her second marriage. In 1883 and 1884 judgments were regularly docketed in Chowan Superior Court in favor of defendants Fieldman and Perkins, and the plaintiffs in the order named. Nothing has ever been paid on either of them. When docketed Lee had a living wife (Sallie) and children, two of…
1Opinion of the Court
Burwell, J.:
“ Land held in remainder dependent upon a life estate in another is. not susceptible of that immediate occupancy which is contemplated by law in order to constitute a homestead.” Murchison v. Plyler, 87 N. C., 79. Hence, while the estate of the judgment debtor Lee in the land mentioned in the pleadings was only an estate in remainder after the life estate of Mrs. Sarah Frances Bond, his interest, in the land was subject to sale under execution. The docketing of plaintiffs’ judgments, under the provisions of our statutes, gave them a lien on the estate of their debtor in this land,…
2Cases cited6 opinions
- Adrian v. . ShawSupreme Court of North Carolina · 1880
- Fleming v. . GrahamSupreme Court of North Carolina · 1892
- Murchison v. . PlylerSupreme Court of North Carolina · 1882
- Ladd v. . ByrdSupreme Court of North Carolina · 1893
- Rogers v. . KimseySupreme Court of North Carolina · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Joyner v. Sugg.Supreme Court of North Carolina · 1903
- Brown v. HardingSupreme Court of North Carolina · 1916
- Stokes v. SmithSupreme Court of North Carolina · 1957
- Qualley v. ZimmermanWisconsin Supreme Court · 1939
- Brown v. . HardingSupreme Court of North Carolina · 1916
5 more not listed; retrieve them via the Exa API.