Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1852-03-25
An Act, 70 Protect the Homestead.

General Assembly Of the State Of
Tennessee, That the Homestead of
every housekeeper or head of FAM
lily, residing in this State, to the val
ue of five hundred dollars, consisting
of clearinghouse and out build
ings, and land appurtenant, occupied
by such person as d homestead, shall
be exempt from the debt Is Of every
such housekeeper or head of a fami-
ly, and from an attachment and ex-
ecution, in all cases where the con-
tract shall be made or cause of ac-
ton shall accrue after the first day
of january, 1858, except as herein
after provided.
Sec. 2. Bet enacted, That when
lever the real estate Of such house
keeper or head of a family, shall be
levied upon by virtue of an execu-
ton, such , priion thereof as may be
occupied by him or her as home
stead, and as he or she may then
elect to regard as such, to the value
OF five hundred dollars (in case such
| person is Untitled under this act to
hold the sa me exempt from said ex-
Ieeution,) shall be set apart to him
or her as a homes tead, and the Off
Ger levyingI such execution, shall for
that purpose summons three disin-
kterd sted &echolddrs, not connected
with the parties, who shall on oath,
set apart to such debtor out Of the
real estateiso. levied on, his or her
hon estead, including the mansion
and out houses, and set out in wri-
ting the butts and bounds thereof,
and certify that such is the home
| ste;ia as set apart by them, and de-
liyef the same to the person or per-
/ son4 for whose benefit the same may
/ be ! bt apar, and the remainder only
\ Of sueh lands shall be subject 10 sale,
I Whifh facts shall be returned on the
lexet ut;on.
/ SEC. 3. BE 1t ehacted, That where
the real estate levied on BY virtue Of
Fan execution, is Of greater value than
five hundred dollars, and is so sit
qated that it cannot be divided SO as
10 set apart to the debtoI7Ais or her
homestead, then and in that case,
tlIe officer may proceed to sell the
s anle by virtue OF his execution, and
, updh such sale, h shall, out of the
profeeds ii ereof, first pay over to the
cielik Of the court, rendering the
Judgment Or cen Giemning the land
for $;le, s. 90 to be by him laid out
under the d rider Of said court in the
purlhase of a homestead for the fam
lily III said debtor, and only the sur
{ plus over aid above tie sum of five
! hundred dollars, Shall be applied to
the payment of said execution.
Sic. 1. BE Huiacted, That if such
houHekeeper or bel I'D of family shall
die, leaving i mid oa, the homestead
exeshptin the han IDS Of the husband
shall go to Ills widow during her nat
ural Ihie or jyidowhood with the pr6+
dnrts theret,f and sh9ll not he subL
ject TO any thargds except taxes, and
upon the dGItth or marriage of said
wido ~, said homestead shall descend
to Il He mindr child or children Of the
deceased Husband, if any, without
being subject to execution for the
debts Of the father, mother, or said
child ren, eX cept for taxes, and should
the wife, whose husband has a home
stead exempt from execution by the
pr1vi sions Of this act, obtain Il d.
vorcd from her said husband, on ac-
count Of any fault or misconduct in
him, the title to said homestead shall
be yds ted by the decree Of the court
&(granding tie divorce, in the wife,
aild after hdr death, to her children,
subject to the same rights and re-
strictions as appc rtains to widow s.
That upon the death of the mother,
should there be DO minor child or
children sd uiying, said property
shall Ifrs st 50 to the payment of the
debts Of the husband, and should
there be. no debts to be liquidated
on the part of said husband, said
fund $hafsba subject to the dc BITS Of
the v fife, and should there be a re-
mainder, it shall descend to their
heirs under the existing law of de-
SCENT
Sc /. 5. BE it enactea, That such
home stead 50 set apart, shall not be
aliendd or mortgaged by the owner
| thereof, if a married man, except by
the j3int dee Of husband and wife,
executed and acknowledged after the
mann r of eonveyances Of lands Of
MARI I'D women in this State. Pro
ed d, That such husband may,
without the consent of his wife. mort