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76 N.C. 190

Heptinstall v. . Perry

Supreme Court of North Carolina

Decided January 5, 1877

Supreme Court of North Carolina · decided 1877-01-05

Homestead — Assessment. Civil ActioN tried at Fall Term, J 875, of IIalieax Superior Court, before Watts, J. The plaintiff recovered a judgment against the defendants, execution issued thereon and the homestead of the judgment debtor was laid off.

Decided 1877-01-05

Reade, J.

¶1 The statute is so plain as to leave no room for construction.

¶2 The application for re-assessment and allotment of homestead must be before the sale of the excess by the Sheriff, Bat. Rev. ch. 55, § 20.

¶3 No error.

¶4 Per Curiam. Judgment affirmed.

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