Special Peoceeding for partition of land, commenced before the clerk and transferred to and tried at July Special Term, 1882, of Vance Superior Court, before Graves, J. The plaintiff in his complaint alleges that defendants Lucy S. Edwards, Mary L. B. Edwards and Elizabeth P. Edwards were tenants in common and owners in fee simple of the tract of land described in the petition for partition ; that L. A. Paschall, administrator of one Martha Edwards, deceased, instituted a…
Cited by 2 later decisions — most recently December 1915
2 state decisions
Good law ✅— No negative treatment on recordhow we know
¶1
Whatever may be our individual opinions upon this subject, it is now too late to moot the question. The point involved was fully and ably discussed in the case of
Dellinger
v.
Tweed,
66 N. C., 206, and after the court had twice taken an
advisari,
it was decided that “ the homestead and personal property exemption under article ten of the constitution (of 1868) and the laws passed in pursuance thereof, cannot be sold under an execution issued upon a judgment rendered in an action
ex delido.”
It is true it was a divided court, but the adjudication has been too long acquiesed in now to be disturbed, and acting upon the principle of
“ stare decisis ”
which has almost uniformly governed the decisions of this court, as at present organized, we feel constrained to adhere to that decision.
¶2
There is no error. The judgment of the superior court must be affirmed.
