¶1I concur in the conclusions of a majority of the Court — but not entirely in the reasoning of the Opinion of my learned brother, Justice Reade. I prefer to rest my judgment on the course of reasoning followed by me heretofore, in my Dissenting Opinion in Jacobs v. Smallwood, ante 112; that is to say, upon the ground that the Homestead Act affects the remedy merely, and that the remedy (except in certain extreme cases adverted to in that Opinion) is wholly within the jurisdiction of the States.
63 N.C. 437
Hill v. . Kessler
Supreme Court of North Carolina
Decided June 5, 1869
Supreme Court of North Carolina · decided 1869-06-05
■ Rule upon plaintiff, heard by Cloud, J., at Spring Term 1869 of the Superior Court of Rowan. The plaintiff had sued the defendant to Fall Term 1867 of that Court, and for the prosecution of his suit had given bond, on the 3d day of August 1866, with one Hodge as surety.
Cited by 10 later decisions — most recently March 1938
8 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1869-06-05
View the full empirical analysis of this case →