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102 N.C. 333

9 S.E 196

Gulley v. . Cole

Supreme Court of North Carolina

Decided February 5, 1889

Supreme Court of North Carolina · decided 1889-02-05

This was an appeal by the defendant from an allotment of homestead, made to him under execution in favor of the plaintiff, tried at October Term, 1885, of Wayne Superior Court, before Clark, J., and a jury. In 1879, the homestead of the defendant was duly valued and laid off to him.

Cited by 2 later decisions — most recently September 1890

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1889-02-05

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Mebbjmox, J.

¶1 (after stating the case). The Court .properly decided that the attempt to value and lay off the homestead of the defendant in the same land a second time was void — not upon the ground upon which the Court based its judgment, but because the homestead, as at first laid off, was effectual, continued to be so, and could not be disturbed by a re-valuation thereof and laying it off a second time. This Court so expressly decided in the defendants appeal in this case. Gulley v. Cole, 96 N. C., 447. That case is conclusive of this, and we need not do more than cite it.

¶2 Judgment affirmed.

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