Thomas v. Fulford

Citations

• 117 N.C. 667

Syllabus

<p>Homestead — Determinable Exemption — Reservation of Homestead in a Deed of Trust — Doeheted Judgment, Lien of on Homestead.</p> <p>Where T. being embarassed'but having no docketed judgments against him, gave a mortgage upon his land without his wife joining in the deed, reserving to himself “the homestead and the right to a homestead therein,” and afterwards judgments were docketed against him, his homestead was laid off and the mortgagees sold, his wife becoming, through mesne conveyances, the purchaser of the land and with her husband contracted to sell the land to the defendant ; Held, in an action for specific performance, that T. and his wife cannot make a good title to the land under Sec. 8, of Act 10, of the Constitution. (Avery and Montgomery, JJ., dissenting.)</p> <p>(Syllabus suggested by the Court.)</p>