NORTH CAROLINA JOINT STOCK LAND BANK v. BLAND

No. 398.

56 S.E.2d 30 (1949)

231 N.C. 26

NORTH CAROLINA JOINT STOCK LAND BANK OF DURHAM et al. v. BLAND et al.

Supreme Court of North Carolina.

November 2, 1949.


Attorney(s) appearing for the Case

S. J. Bennett and R. M. Gantt, Durham, for plaintiff, W. L. Totten, appellant.

Allen, Allen & LaRoque and John G. Dawson, Kinston, for defendants, appellees.


ERVIN, Justice.

The first objection of appellant to the judgment is founded on the theory that the execution sale and the ensuing deed are void because "the Sheriff failed to allot the homestead to R. E. Bland and his wife, Louisa Bland." This assumption rests, in turn, upon these three successive and diverse hypotheses: (1) That the acts of the judgment debtors were insufficient in form to waive their homestead rights in the land embraced by the deed; (2) that the...

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