The Charlotte Democrat., 1891-01-23
Digest of N. G. Supreme Court Decisions
FdH Isfp, 1890.
roys ,b I r,alasah In4elIioeY,ssef a.
{ the Raleigh IntelIigeicef


Leak and others rs. Gay and others
l. A debtor can hare The NfuBd arising
from the sale of the excess of his land
over the homestead applied to mort
gago on the homestead in preference to
prior judgments which, under Code n. Y.
section sol, as amended by Act 1885,
chapter 359, are lien on the homestead
but do not subject it to sale.
2. The sum of 81 1000, arising from the
sale, is to be regarded as to the home
stead, though the -Wheleztraeb bring more
than that amount above, what was Of
fered Tor the excess when exposed for
sale, separately. ,.,.., - ......-s. -..,. z
3. Where the debtor elects to take the
use of the 81 600 representing his home
stead, according to his expectation of
life, lienors can receive Immediately the
balance of the sam. ..t.,-......- 90, RI
4. Code N. G.. section 376e, provides
that 'fw here part Of statute is amended
il is not to be considered as having been
repealed and re-enacted, in the amended
form; but the portions which, are not
altered are to be considered as. having
been the law since their enactment, and
the new proyise as having been enacted
at the time of the amendment" Section
not be subject to the lien of any Judgment
or to sale on execution" was amended
by Act 1885, chapter 359, By striking out
amendment made the section retroactive,
giving to prior judgments alien on the
hom estead. t.2 I... !:,s., lsas.f .iY ass@
5. Act NC. 1885, chapter 359, amend
ing Code N. c., section sol, by striking
hn E.lo IC
subjects to judgment liens, is not, void,
though ghAfetreaetive,i asit does not impair
the obligation of contracts, nor interfere
with vested rights. ''@ t'sa '. ~. 1't
/ State vs. Gates.-1., Neither Code N.
c., section 737, which authorizes the
Court to tax prosecutors with costs, nor
Acts n. c. 1889, chapter "a, extending
the power to tax costs against prose
cntor to cases in which the defendant is
discharged from arrest for want of proba-
bic cause, conters power to tax costs
against prosecutor,,in case where the
bin is ignored by the grand jury, where
there is no evidence that defendant was
under arrest, and perjury cannot be pre-
dicted on false swearing. made on the trial
Of a motion for such taxation of costs.
go An HlutClucuL 1OE perjury uFdWntln
pursuance of Acts N. G. 1889, chapter
SO, simply charging that defendant -"did
commit perjury" pointing ont the name
| of the Court and of the action in which it
was alleged to have been committed, and
the words sworn to by defendant, which
| are alleged to have been false, is sufficient.
- Following State VS., Peters, ante, "a.
g l-.5 - -zan& - ,--a- I=3H a. ~. -
| Reid and Others vs.. "Boushall.LW here
a deed conveying property in trust for
the grantor and his wife for life confers
upon the wife power disappointment by
her last will, and provides that in case
she fails to exercise the power, and the
husband survives, he shall have. the pro
perty for life, with remainder over, the
wife's power of appointment can be exer-
cised by will only, and, as will is re.
vocable during the lifetime of the tes
tator, her will cannot convey an indie
feasible fee simple title during her life,
even though she covenants not to re-
woke it.