James v. . West

Supreme Court of North Carolina

James v. . West

76 N.C. 290

CourtSupreme Court of North Carolina

DecidedJanuary 5, 1877

StatusPublished

Cited by1 cases

This text of 76 N.C. 290 (James v. . West) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

James v. . West, 76 N.C. 290 (N.C. 1877).

Pincite

Opinion

Rbade, J.

The levy of February, j.868 was prior to the-Constitution which establishes a homestead and created &■ lien which, if it had been kept up would have defeated the= defendants’ homestead. McKethan v. Terry, 64 N. C. 25.

But the plaintiff instead of taking out a ven ex. with ajL fa. clause, took out an alias ji. fa. after the Constitution went into effect. And he thereby lost his prior lien. Yarboro v. State Bank, 2 Dev. 23.

There is no error.

Per Curiam. Judgment affirmed..

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Rbade, J.

The levy of February, j.868 was prior to the-Constitution which establishes a homestead and created &■ lien which, if it had been kept up would have defeated the= defendants’ homestead. McKethan v. Terry, 64 N. C. 25.

But the plaintiff instead of taking out a ven ex. with ajL fa. clause, took out an alias ji. fa. after the Constitution went into effect. And he thereby lost his prior lien. Yarboro v. State Bank, 2 Dev. 23.

There is no error.

Per Curiam. Judgment affirmed..

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Bluebook (online)

76 N.C. 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-west-nc-1877.

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