JAMES v. WEST

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.