The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1878-03-27
pllIsbusuugg 9srarusr.
YAN noMEsrEAp.

pttme Court. the Citizens National Bank
vs Green and Green. Judge Byuum lays
down doctrine which will carry i severe
sA.ek % those. Who. 10 gaining the security
1t 4 homestead. fansied they had secared
exemption from ia farther tronlles il nsr
gardso their debts. A homestead 10 land
seshe msximvm sslue allowed by law. hid
been allotsed % .lAe dsfendns. L. N.
Green. Ascrop 81 cot,pn was then growing
nrcnn II. which, when gathered and matur-
,ci. he sold. and Of the proceeds undertook
% lend $500 70 his wife. who. with that
sum and 500 n,ara which she procured
FROM her sister. purchased other lard with
heprisIiy q The husband and had the heed
executed seshstself. The question was. Is
tits land parchasel from crops ispde ON
the hand set apart for hoasstead. exempt
from the debts Of the haspands
TIE Court. RadmAn dissenting. decides
II IS not. nron The ereurd that The exemp-
tioa under he Homestead secures the deb
Tor oaly = much ~ Y SCI apart ~ Law. and
that wbsieser u increase there snny be in
abs value u the exempted properly enures
70 the benea, u The creditor. The laws
says Judge Byudin. is aimed at the credi.
60, only, and i is upon hin that all the le-
syEirtl0ps ara iaseassi.s aud the extent of
these fcssi ietiol~ the measure 81 the prl-
vileges scored 70 lielaebtor." The lat.
Ter is seeded p his r,ijsynent Of $500 q
his persoa4. and slo0o;af his real. estate.
But sfIsr Chi. !; the obligations Of the
debtor t. pay his debts" remain as be-
fvre.
The Judge goc. On 70 ssy. IF the con.
strurtioh Of :a~ should te that al. acquisl-
tins q property are exempt from exeeu.
ton. il vaa.d be tie interest o. nil msn,at
osce 10 take tie benefit of the homestead
ssssihthe rich a. the poor. for thereby all
income derived from u would be capinliz
ed'shd recayitalized from that cue nucleus
icflie building up q colossal fortune in de-,
hsnee Of debts pas. and fuiaresY 1T
And . il appears that HE Homestead
does not furnish that Snug ilarbvr' - ma
~ bsl,sse they f5sad wien they entered
il.
The law appeared u y one d the most
beneieens ever devised By human brain.
having isr is purpose the security Of The
unfortunate against he Storms Of aJsersiiy.
giving him haven shers he would iud
re.t. and where be would find the opportu>
nifty 10 retrieve b.. fortunes. Ard ss )
piece u policy. il seemed wise and states
mah>like ~ Is cope. tending 70 increased
attachment 20 the sal. Suggestive Of pro-
9ressise Improvement and destructive b
that nenndic character which has been the
bape q North Carolina.
The DECISION o. II--sgs i;::,apm strike. =
The reot 81 81 Ihis |, REGARDED q l,w.
and must De accepted ~ such. But ITS e.
feet will be 10 paral,ze exertion and g
check Improvement. A prominent mem.
her of the bar remarked to US that It Va,
the only peiee q legislation he knows, The
effect Il which WIS q Keeps people pcor.
since every inrrepsni u salse 10 home.
Mead esiate engresio the benefit Of the ere.
di,or and not g ll,as u ID. homestead ten
ani. Human nnfhre !. such. that men are
not wiling 70 recognize the after force d
obligsti,a,s frols which they had once been
relieved. AID might choOse 70 sniEer proper
" 70 drmeeiaie rslher lhnn see 30 en-.
banesment If value icr the tenef.i % 9th.
efs.
TIE aet effbt IA, Legislature. giving ii,
Homestead 10 fec simple ,aight seem 10 mi
Iilaie sgn;nst the opinion q Judge Bynn'a
Nhas i 10 fee simpie i absolute IN the c,,o
trsi Il gives % Ownsrship This Isw Judg,
B,nnm ihiimstes Is ~. oas,ltnsional.
a slHoek : gssea b the Homestead wbiel
vii ~ III, III over the State. Ilanellls
thssecsri,y ard independeass holder. M.
der the Law - GIT, Lase felt and IL give
rev hores O. creditor, Sho might hsr
abandoned ~ sxY~efai.os ~ reaiizihg y
their elaims. I, isnot 10 We Jetisd. iba
the homestead lave haze gisen q great shoc
10 eonideDee between msn and man 40
lessered iac.lil,e, by which credit was Of
tanned and Iss.s.ess shisrprses undertaken
isissO sasy qutrr . fall behind The bsl
risr q che homestead % s'sds tie Prs'su'
offlgAifai elaims
ILsw whole sDIj G. O9gbfio come pp 4
legislative rrsisi.g. - that Tie rights
dsissr and creditor may bs u1uissskssLl
defined. 18.