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95 N.C. 344

Campbell v. . White

Supreme Court of North Carolina

Decided October 5, 1886

Supreme Court of North Carolina · decided 1886-10-05

Civil action, tried before Glark, Judge, at October Term, 1886, of New Hanover Superior Court. The plaintiff caused execution to issue upon a docketed judgment in the Superior Court, upon which personal property of the value of $500 was laid off to the defendant, and the sheriff made return of a levy upon what was found in excess.

Cited by 2 later decisions — most recently August 1992

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1886-10-05

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Ssiitii, O. J.

¶1 (after stating the facts). The words of the Constitution, that personal property of the value of $500, and belonging to any resident, “ shall be, and is hereby exempted from sale under execution or other final process of any court, issued for the collection of any debt,” (Art. 10, §1), is a continual mandate to the officer to leave so much of the debtor’s personal estate untouched for his use, and of course, the diminution from use, loss, or other cause, must be replenished with other, if the debtor has such, up to the prescribed limits. It is plainly meant that when any final process against the debtor’s estate is to be enforced, that much of his estate must be allowed to remain with him, as not liable to seizure.

¶2 “ The law,” in the language of this Court, in Citizens Bank v. Green, 78 N. C., 247, “ is aimed at the creditor only, and it is upon him that all the restrictions are imposed; and the extent of these restrictions is the measure of the privileges secured to the debtor; and these restrictions imposed on the creditor, are thatm seeking satisfaction of Ms debt, he shall leave to the debtor, untouched, $500 of his personal, and $1,000 of his real estate.”

¶3 There is no error.

¶4 No error. Affirmed.

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