BLYTHE v. GASH

Homestead — Judgment Lien — When Enforceable.

On 18 March, 1876, a judgment was docketed against G., and a homestead allotted on 31 July, 1876; she conveyed it to H. 29 December, 1881, and died 2 June, 1891: Held, in a proceeding by G.'s administrator to sell the land for assets to pay the judgment, that the lien of the judgment continued so as to be a charge upon the land and that the administrator was entitled to sell it to pay the judgment and costs of its enforcement.

PER CURIAM:

The very carefully prepared and interesting brief of the defendants' counsel has been fully considered by the Court, but fails to satisfy us that the judgment is barred or that its lien does not continue so as to constitute a charge upon the land described in the complaint. Neither do we think the liability of Mrs. Gash's estate is to be postponed under the circumstances of this case until the proceeds of the property of the alleged surety in the judgment can be followed and subjected.

Affirmed.

Cited: Tarboro v. Pender, 153 N.C. 430.

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