The southern enterprise. [volume] (Greenville, S.C.) 1854-1870, 1869-08-11
The Homestead Law-Another De
7tr ~ET cision of Judge Orr.


"a Wehave been furnished with the
annexed extract from q decision of
Judge Orr upon the Homestead
Law, which will be of especial in
terest to the legal fraternity:
oooNEE CoUNTY-JULY TERM, 1869.
~ rue conNoS PLEks--xauirr SIDE.
Joseph r. Shelor os. John Mason Z,
' Sr., and John Mason, Jr.-BtlI
90 to; Forec!oso Mortgage.
The report of the special refe.
rees submits for tie consideration
Of the Court whether the defend
ant and bis family now residing on
the mortgage premises are entitled
to claim and reserve homestead
in the seme. They submit tho I'D,
idence taken on reference, but
make no recommendation to the
& Court whether or not homestead
should be allowed.
a;as is the defendant Mason and his
family entitled to have set off and
assigned TO them family home,
stead of the value of one thousand
dollarc within the mortgaged prem,
ises, pursuant to the provisions of
the Act of Assembly Of 9th Sep
tember, 1869, entitled "An Act to
determine and perpetuate the
Homesteadw .rsn -...-.
The single bill and mortgage
were exssated on the 25th day of
August, 1866. The Constitution
of 1868 was ratified by the legal
voters of the State on the 18th,
18th and 10th Of April of that
year, and was accepted by Con-
gress without alteration or amend
ment the July following. The 32d
Section Of Article III, provides that
"the family homestead of the head
of each family residing in this
State, such homestead consisting
of dwelliug-house, outbuildlngs
and lands to the value of one thou.
sand dollars" &C., "shall be ex-
, empt from attachment, levy or sale
or any mesne or final process, is-
sued from any Court" &c. No
exception is made in favor of any
lien, debt, or execution existing at
the date of its adoption.
In all cases, where land was to
be sold by any process from any
Court, after this section was rati.
:. fled BY the people and accepted by
Congress, the head of the family
became entitled to q homestead
The Act of Assembly to carry in.
to effect this section, entitled dan
Act to determine and perpetuate
the Homestead" leaves no ground
for construction on this question.
The first section provides that
whenever the real estate of any
head of a family risiding in this
State shall be levied on by virtue
OF any naesne or final process, is
sued from any Court upon any
Judgment, obtained upon any right
OF action, whether arising previous
or subsequent to the ratification of
the Constitution of the State of
South Carolina, If the same be the
family homestead of such person,
the Sheriff or other officer execut-
ing said process shall cause q
homestead such as said person may
selectnot TO exceed the value of one
thousand dollars" &C., 6 but the
residue of the lands and tenements
OF the head of the family, il any
more or other he shall have, shall
be liable to attachment, levy and
sale.s T.
The General Assembly has furth.
or manifested its solemn and de-
hberate determination to have the
Constitution and the Statute al
ready referred TO enforced in all
cases thcrein provided for, In an
Act entitled g An Act to punish
Sheriffs and other officers for vic.
lating the Homestead approved
18th january, 1869. The first
section provides that no Sheriff or
other officer shall enforce execution
in any other manner than is pre-
ecribcd in sections 1 and q Of the
Homestead Act. The second sec.
tien provides that If any person
shall sell any real estate without
complying with section ! Of the