Abbott and Foster v. . Cromartie
Supreme Court of North Carolina
Civil AotioN, in the nature of Ejectment, tried before Russell, J., at Spring Term, 1874, BladeN Superior Court. On the 24th October, 1868, judgment was rendered against the defendant in favor of Smith & Straus, and execution issued» thereon to the sheriff of Bladen county. In pursuance of this1 execution the land in controversy was-sold, one Patrick L. Cromartie becoming the-purchaser. The defendant took from said Cromartie a lease of said land for three years.
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Civil AotioN, in the nature of Ejectment, tried before Russell, J., at Spring Term, 1874, BladeN Superior Court. On the 24th October, 1868, judgment was rendered against the defendant in favor of Smith & Straus, and execution issued» thereon to the sheriff of Bladen county. In pursuance of this1 execution the land in controversy was-sold, one Patrick L. Cromartie becoming the-purchaser. The defendant took from said Cromartie a lease of said land for three years. While the lease was subsisting P. L. Cromartie sold the -land to one J. E. Eldridge, who conveyed it to the plaintiffs. The lease…
1Opinion of the Court
•Bynum, J.
The plaintiffs do not deny that at the time of the .execution sale, the defendant was entitled to a homestead an the land sold. It is an estate confirmed by the Constitution, Art. 10, sec. 2, and is not the subject of levy and sale under execution. The sheriff’s deed therefore could pass to the purchaser only what he had the right to sell, i. e. the land, subject to the homestead estate. This much is clear. But it is alleged and not denied, that the defendant in the execution, who is also the defendant in this action, after the sale, accepted, from the purchaser a lease for three…
2Cases cited3 opinions
- E. C. Turner v. . G. A. LoweSupreme Court of North Carolina · 1872
- Wade v. SandersSupreme Court of North Carolina · 1874
- Calloway v. . HambySupreme Court of North Carolina · 1871
3Cited by26 opinions
- Showers v. RobinsonMichigan Supreme Court · 1880
- Springs v. SchenckSupreme Court of North Carolina · 1888
- Springs v. . Refining Co.Supreme Court of North Carolina · 1933
- Davis v. . DavisSupreme Court of North Carolina · 1880
- Hauser v. . MorrisonSupreme Court of North Carolina · 1907
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