The southern enterprise. [volume] (Greenville, S.C.) 1854-1870, 1869-06-16

4 homestead Of the yalne1 Of one
Thousand dollars. Thess views
might be elaborated and sustained
lby the, decisions in. New York,
Michigan North, Carolina, Geor-
| gia and pother. States, but it is not
consideredqneeessary tosparsue the
matter further in this case ssi The
Homestead Act of this State, carry
| ing into effect the provision of the
i Constitution of the State, Article
III, Section 30, providing home
stead forlthes head OF each family
in this State, and tue Constitution
al provision itself, is not q violation
OF tbeuprovision of the Constitution
-of the United States, which pro
hibits any State from passing any
law impairing' the obligation of
| contracts, andthat the same isscon-
stitutional.s Ssrsrr - hzsss'a ~ aF.
:. Cd The objection to the @alua-
tion of the personal property by
the appraisers, is, overruled: No
evidence has been presented that
the personal property of the debt
or, Ware, has been estimated be-
how its value, or that any error or
| fraud has been committed by the
appraisers. AS to tho person
| al property claimed by a third
party, it is sufficient to say, that it
has not been assigned to the debtor;
and if the plaintiffs deny the. right
Of 7 reperty in such third party,
they can levy their execution upon
the same,r and test the right of
property and the bona tides of the
claimant. s,'7'....'. w. ....''. -.'e a1 o.. 4,
This Court, therefore, declines
to order a. re,valuation, and rc-as.
signment Of. the personal estate
made by the appraisers to the debt.
or, amounting to five hundred dol
liars, and set forth in their return.
!. g.. The objection taken to the
valuation of tue homestead of the
debtor is sustained. Tie afiidavits
scientifically the Plaintiffs and De.
PENDANTS are conflicting as to the
market value of the homestead,
outbni!dings and lands appurten-
ant. One of the atlantis fixing the
value at $3.50, and another at
| $4,000. Other atlantis estimate
Iyarious intermediate sums. The
weight of testimony shows that
tue dwelling. outhouses and lands,
are worth more than one thousand
dollars an,.f o. s.-. 80 r......ra ..rs
I The 32d Section Of the III Arti-
Gle of the Constitution of this State,
describes with remarkable preci-
sion what is. intended to be en-
braced as the. homestead for each
head Of a family. 1t says: "Such
homestead, Consisting of dwelling
house, outbuildings and lands,
appurtenant, not to eaceed the val-
re of one thousand dOItars," sc +,
f"shall be exempt from attachment,
levy or sale," &c. r.. rr~,,a .v -
The list Section of the Act, pass
cd 9th, September, 1868, entitled
can Act to determine and perpet-
ate the Homestead" is not less ex-
plicit. Where the real estate is
levied or, being the homestead of
I the debtor, the officer executing
the process, "shall cause home
| stead, such as such person may Sc
lect, not to exceed the valae of one
: Thousand dollars, TO be set off,"
&C., and in, the same Section, in
giving directions to the . ap-
praisers, they shall " set off by
1 1metes and bounds a homestead of
the estate of the debtor, &c, not
to exceed the value or one thou.
sand dollar" &C. 's'''f 's's" 'a
i, It 5is insisted in this case, that, in
making the appraisement, no esti-
= innate shonld be made OF the value
of the dwelling house and outbuld-
4 ings, and that the homestead means
the lands appurtenant to the build
ings alone. II this Interpretation
should be adopted, land without a
: dwelling could be assigned. And
yet it is not susceptible Of q doubt
that the Constitution and law was
intend to secure to The family O
home and shelter against all con-
ftingencies.' s7es' ssft trnts.eass 81
It is said again, that, II the
dwelling and outbuildings are not
excluded from the estimate, that
an unfortunate debtor VIII o G
dwelling and outbpildings exceed
cd one thousand dollars. in valne,
would be excluded from all bene.
fit from the Act. 1t is conceded
that the legislation on this point is