Aiken v. Gardner

Decided September 15, 1890

Supreme Court of North Carolina · decided 1890-09-15

This is a question as to the allotment of a homestead, heard on objections filed before Bynum, J., at March Term, 1889, of the Superior… Held: as a matter of law— That the record by the Clerk nunc pro tunc did not debar defendant Gardner of his right to file exceptions; that the only inquiry in this proceeding was the actual value of the land allotted, and that in this proceeding the questions raised by defendant and Rhine could not be raised and passed upon, and as the…

Decided 1890-09-15

Avery,

¶1— after stating the facts: There was no exception that raised the question, whether the homestead allotted was worth more or less than one thousand dollars. The Judge below finds that the objections were filed in apt time, but holds that no issue was raised by them which it was his duty to submit in this proceeding. We concur with His Honor in the opinion that the equities set up by the parties cannot be passed upon on an appeal from the appraisers, whose duties extended no further than the valuation and allotment by bounds of the homestead. Gulley v. Cole, 102 N. C., 333; Thornton v. Vanstory, at this term.

¶2Affirmed.