Ferguson v. . Wright
Supreme Court of North Carolina
This was an action by the plaintiff against the defendants to be let into possession as owner of one-eighth interest of a certain tract of land in Cherokee County, tried before Graves, J., and a jury, at Spring Term, 1893, of Chkrokee Superior Court. Robert Ferguson died intestate in the year 1S5_, leaving surviving him children and heirs at law — Samuel C. Ferguson, George Ferguson and others — to whom the land descended.
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This was an action by the plaintiff against the defendants to be let into possession as owner of one-eighth interest of a certain tract of land in Cherokee County, tried before Graves, J., and a jury, at Spring Term, 1893, of Chkrokee Superior Court. Robert Ferguson died intestate in the year 1S5_, leaving surviving him children and heirs at law — Samuel C. Ferguson, George Ferguson and others — to whom the land descended. There was evidence tending to show that Samuel C. Ferguson died in August, 1S70. There was evidence tending to show that S. C. Ferguson was married, and that plaintiff was…
1Opinion of the Court
Avery, J.:
If Samuel C. Ferguson was a resident of the State of North Carolina on the 4th of October, 1869, when his land was sold upon a Justice’s judgment, rendered on the 11th of August, 1869, and docketed in the Superior Court on the 14th of August, 1869, he was entitled to a homestead, and unless he had a homestead already allotted to him in other lands, the sale of his interest in the land in controversy, under such'execution, was null and void. It was conceded that no other land had been allotted to him. ' He resided in North Carolina in 1866, and the summons was served on him in the…
2Cases cited8 opinions
- Caldwell v. . NeelySupreme Court of North Carolina · 1879
- Page v. . BranchSupreme Court of North Carolina · 1887
- Hicks v. . BullockSupreme Court of North Carolina · 1887
- Long v. . WalkerSupreme Court of North Carolina · 1890
- Ward v. . Farmer SoutherlandSupreme Court of North Carolina · 1885
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3Cited by12 opinions
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- Cameron v. . McDonaldSupreme Court of North Carolina · 1940
- Winstead v. . WoolardSupreme Court of North Carolina · 1944
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