Homestead — Failure of Lien.
The lien created by a levy made under execution prior to the adoption of the Constitution of 1868, is lost by a failure to take out a ven. ex. and the issuing of an alias fi. fa. after the Constitution went into effect.
( McKethan v. Terry, 64 N.C. 25; Yarboro v. State Bank, 2 Dev. 23, cited and approved.)
READE, J.
The levy of February, 1868 was prior to the Constitution which establishes a homestead and created a lien which if it had been kept up would have defeated the defendants' homestead. McKethan v. Terry, 64 N.C. 25.
But the plaintiff instead of taking out a ven. ex. with a fi. fa. clause, took out an alias fi. fa. after the Constitution went into effect. And he thereby lost his prior lien. Yarboro v. State Bank, 2 Dev. 23.
There is no error.
PER CURIAM. Judgment affirmed.