Citizens Bank v. Robinson

161 S.E. 487, 201 N.C. 796, 1931 N.C. LEXIS 102

• Court: Supreme Court of North Carolina
• Decided: December 16, 1931
• Status: Published

Opinion

CoNNOR, J.

All the evidence at the trial showed that defendant was present when the appraisers laid off and allotted to him his homestead. The defendant selected as his homestead land on which his dwelling-house and the buildings used in connection therewith were located. This land was laid off and allotted to him by the appraisers. After their report was filed, the defendant filed exceptions thereto, contending that land other than that included in the homestead should have been allotted to him. He does not contend that the land allotted to him as his homestead is worth less than $1,000.

The Constitution provides that a judgment debtor shall have the right to select the land to be allotted to him as his homestead. This selection must be made before the allotment is made by the appraisers, and when so selected is conclusive. It is only when the judgment debtor has not selected the land to be allotted to him as his homestead and has had no opportunity to do so, that he can be heard to object to the allotment made by the appraisers, on the ground that other land should have been included in bis homestead. McKeithen v. Blue, 142 N. C., 360, 55 S. E., 85; McGowan v. McGowan, 122 N. C., 164, 29 S. E., 572. The decision in Flora v. Robbins, 93 N. C., 38, is not applicable to the instant case. There is no error in the judgment. It is

Affirmed.