W. E. Springer & Co. v. Colwell
Supreme Court of North Carolina
MotioN to set aside a sale and caucel a deed, heard before Holte, J., at Eall Term, 1894, of SaMpson Superior Court. ■ The plaintiffs and the • defendant, D. E. Colwell, agreed upon the following as the facts upon which the motion to set aside the sale mentioned in the notice and the cancellation and setting aside of the deed mentioned in said notice depend: “1. That judgment was duly rendered in favor of the plaintiffs and against the defendant at the May Term, 1894, of…
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MotioN to set aside a sale and caucel a deed, heard before Holte, J., at Eall Term, 1894, of SaMpson Superior Court. ■ The plaintiffs and the • defendant, D. E. Colwell, agreed upon the following as the facts upon which the motion to set aside the sale mentioned in the notice and the cancellation and setting aside of the deed mentioned in said notice depend: “1. That judgment was duly rendered in favor of the plaintiffs and against the defendant at the May Term, 1894, of said County, for the debt and 'costs set out in the execution, which is hereinafter made a part of this statement, a…
1Opinion of the Court
MONTGOMERY, J.:
Except for sale for taxes and for payment of obligations for the purchase of the premises, every homestead owned and occupied by any resident of this State and not exceeding tbe value of one thousand dollars shall be exempt from sale under execution or other final process obtained on any debt. Art. X, Sec. 2, of the Constitution.
Section 519 of The Code provides that if the judgment debtor entitled to homestead shall be dissatisfied with the valuation and allotment of the appraisers, he, within ten days thereafter and before sale under execution of the excess, may notify the…
2Cases cited3 opinions
- Burton v. . SpiersSupreme Court of North Carolina · 1882
- Spoon v. . ReidSupreme Court of North Carolina · 1878
- Whitehead v. . SpiveySupreme Court of North Carolina · 1889
3Cited by3 opinions
- Baruch v. . LongSupreme Court of North Carolina · 1895
- Marshburn v. . LashlieSupreme Court of North Carolina · 1898
- Whitehead v. . SpiveySupreme Court of North Carolina · 1889