{
  "id": 8682535,
  "name": "JOSEPH HOSKINS v. PINKNEY WALL",
  "name_abbreviation": "Hoskins v. Wall",
  "decision_date": "1877-06",
  "docket_number": "",
  "first_page": "249",
  "last_page": "250",
  "citations": [
    {
      "type": "official",
      "cite": "77 N.C. 249"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
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  "last_updated": "2023-07-14T20:46:21.915598+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "JOSEPH HOSKINS v. PINKNEY WALL."
    ],
    "opinions": [
      {
        "text": "PeaRSON, C. J.\nThe only question in the case is, does the' defendant\u2019s discharge in bankruptcy apply to the demand off the plaintiff? \"We think it does.\nThe debt to the plaintiff is for the purchase'money of ther .land. This, under tbe Constitution and tbe statute, rides over tbe homestead, and the execution, creditor can sell tbe land, the homestead to the contrary notwithstanding, provided he has an execution under which to sell. \"When he \u2022asks for a judgment and execution, he is met by the fact, \u25a0\u201c the defendant is discharged by a decree in bankruptcy, which is pleaded in bar of the further prosecution of your .action.\u201d How is this met ? The plaintiff says, \u201c I have a lien, or something akin to a lien, (as Mr. Gilmer termed it oh the argument), which the bankrupt proceedings are bound to respect.\u201d That is the question ; What is a lien ? \u2014A mortgage is an express lien. A docketed judgment is -a lien by statute, and any one wishing to be informed can :see for himself by looking at the books of the County. But in regard to obligations for the payment of the purchase \u2022money, there is no- mode provided by which to give it notoriety. If a vendor makes a deed for the land instead of retaining the title as security, it is his folly. True, when he gets a judgment and issues execution, the homestead is not in his way. In that respect he is better off\u2019 than other creditors, but he has acquired no lien, no \u201c hold \u201d on the land. .Suppose the vendee sells the land to one who knows it has not been paid for, the purchaser has a good title ; for the \u25a0vendor can get no judgment against him, and a judgment against the vendee will not reach property that he has sold. So the vendor, although he has the notes given for the purchase money, has no lien \u2014 nothing \u201c that sticks \u201d like a mortgage or docketed judgment.\nIt follows that the defendant\u2019s discharge in bankruptcy bars the plaintiff\u2019s debt, and if he can get no judgment and \u25a0execution, the homestead is not drawn in question.\nError. Judgment for defendant.\nPER Curiam. Judgment reversed.",
        "type": "majority",
        "author": "PeaRSON, C. J."
      }
    ],
    "attorneys": [
      "Mr. J. A. Gilmer, for plaintiff.",
      "Mr. J. T. Morehead, for defendant-."
    ],
    "corrections": "",
    "head_matter": "JOSEPH HOSKINS v. PINKNEY WALL.\nPurchase Money for Land \u2014 Discharge in Bankruptcy.\nA discharge in bankruptcy bars the collection of a debt contracted for\" the purchase of land, which has been allotted to the debtor as a homestead in the proceedings in bankruptcy. ,\nCivil ActioN tried at Fall Term, 1876, of Guilford Superior Court, before Kerr, J.\nThe plaintiff brought this action to recover the, value of a-note given by the defendant for the purchase money of a-tract of land bought of one A. C. Caldwell, who afterwards-assigned the note to plaintiff. During the pendency of the action the defendant filed his petition in bankruptcy. No-creditors proved their claims. His homestead in the land, had been assigned by the Sheriff before the commencement of this action, and the assignee in bankruptcy conveyed the reversionary interest in the same to the defendant, and t-he-homestead was reassigned by order of the Federal Court in. the proceedings in bankruptcy. His plea of discharge' in bankruptcy was filed and admitted, and as the effect of this-discharge is the basis of the decision of this Court, a further statement of the facts is unnecessary. \u2018His Honor gave judgment in favor of the plaintiff, and ordered the land to' be sold for the payment of his debt. From this judgment-the defendant appealed.\nMr. J. A. Gilmer, for plaintiff.\nMr. J. T. Morehead, for defendant-."
  },
  "file_name": "0249-01",
  "first_page_order": 263,
  "last_page_order": 264
}