Marshburn v. . Lashlie

Citations

• 29 S.E. 371
• 122 N.C. 237
• 1898 N.C. LEXIS 234

Syllabus

<p>Execution — Judgment —Variance—Homestead — Allotment — Estoppel.</p> <p>1. Where a judgment was rendered against H for $182.20 and against other defendants, separately mentioned, for various amounts, and an execution was issued reciting only tlie judgment against H for $182.20, and commanding the sheriff to satisfy it out of Id’s property, Held that the execution sufficiently conformed'to the judgment (Sections 448 and 1347 of The Code), and the variance was technical and immaterial.</p> <p>2. A purchaser at a judicial or execution sale lias a. prima facie title, and the defendant in an action of ejectment who seeks to avoid such title on the ground of homestead riglits must specifically plead the facts upon which the homestead right depends.</p> <p>3. Where a homestead is allotted to a judgment debtor in one tract of land and he flies no exceptions thereto, he cannot claim a homestead in other land after a conveyance thereof by him has been set aside as fraudulent.</p> <p>Douglas, J., dissents.</p>