Oakley v. Noppen

Decided February 15, 1887

Supreme Court of North Carolina · decided 1887-02-15

ExcbptioNS to the report of assessors appointed to allot the homestead, heard before Connor, Judge, at Fall Term, 1886, of Durham Superior Court. On execution issued upon a judgment recovered by the plaintiff, the sheriff caused the homestead exemption of the defendant to be valued and laid off to him as prescribed by law, and return thereof made to the clerk of the Superior Court with said execution.

Cited by 2 later decisions — most recently June 1953

1 district · 1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1887-02-15

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Smith, C. J.,

¶1(after stating the facts). There is error in directing a sale. There should have been a re-allotment within the constitutional limits, which are overrun in the first valuation. The present case, with perhaps less reason in' support of the order, is governed by the recent case of Campbell v. White, 95 N. C., 491, of which the Judge must not have known when the decree was made, and adhering to the ruling in that case, we do not propose to review it.

¶2The judgment below must be reversed, that further proceedings be had according to law.

¶3Error. Reversed.