James v. . West

76 N.C. 290

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..