The statute is so plain as to leave no room for construction.
The application for re-assessment and allotment of homestead must be before the sale of the excess by the Sheriff, Bat. Rev. ch. 55, § 20.
No error.
Per Curiam. Judgment affirmed.
Heptinstall v. Perry, 76 N.C. 190 (1877)
Jan. 1877
·
Supreme Court of North Carolina
76 N.C. 190
J. W. HEPTINSTALL v. E. B. PERRY and others.
Homestead — Assessment.
Under Bat. Rev. cb. 55, § 20, the application for a re-assessment of a homestead by the Township Board of Trustees must be made before the sale of the excess by the Sheriff.
Civil ActioN tried at Fall Term, J 875, of IIalieax Superior Court, before Watts, J.
The plaintiff recovered a judgment against the defendants, execution issued thereon and the homestead of the *191judgment debtor was laid off. About six months after the sale of the excess by the Sheriff, the plaintiff becoming dissatisfied requested a re-appraisement and re-allotment of' said homestead, and to that end applied for a peremptory mandamus to be directed to the Township Hoard of Trustees, the other defendants, which Idis Honor refused and the plaintiff’ appealed.
Messrs. Moore §■■ Gatling and E. Conigland, for the plaintiff
No counsel for the defendants.