37 S.E. 271 | N.C. | 1900
DOUGLAS, J., dissents. The defendant excepted to the homestead allotment on the grounds: (1) That the land allotted to him is found by the appraisers to be worth only $700. (2) Because the judgment under which the homestead is allotted had been paid off before any return of homestead had ever been made by the appraisers.
As to the first point, it was decided and settled in this case on the former appeal (
As to the second point, the defendant filed affidavits to show that the judgment had been paid off before the proceedings to allot the homestead. On the other hand, the plaintiffs read to the Court the former affidavits in the cause, the executions, and the sheriff's returns, and further insisted on the fact that the proceedings had been pending six years, in which time this cause had been here on three appeals (
No error.
Cited: Wright v. R. R.,
(308)