Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1869-06-25
" A r I II z.
The Homestead Law as Applicable to Prior
Debts and Judgment, not Unconstitutional.

decided that tho homestead clause Of to
Constitution of this State and the Act CT the
Legislature carrying it out, are not in conflict
with the Constitution of the United States.
The Judge has given an able opinion on the
subject, which VIC lay before our readcrs.-
The case, by consent, was heard at chambers
ut Anderson. The Judge has decided in tho
same case that the $1,000 is inclusive of the
value of tho dwelling house and outbuildings,
and tho appraiscmcnt having excluded the
estimate Of tho dwelling in this case aud as
signed $1,000 in land, a 'c-appraiscmcnt was
ordered. The following is the opinion in
full:
IN TIE COURT or COMMON rLEAs-dREEN.
WILLIE COUNTY.
Il. ID. Hokc anil T.. @. Donaldson, Admiin-
%istrators Of Dauid Iohc Us. r. b. Ware
1a FL Fa.. 1856; interest computcd an.
muahy from 10M Junc, 1850. 2d FL Fu.,
$1,000; interest computed unnuaUy from
24M September, 1859.
Thc second execution above was levied up
on certain lots and rcal estate, the property
Of the defendant, by uc Sheriff of Grccnvillc
county, including a met OF lot of land in the
'town of Grccnvillc, containing thirty acres
moro or less, adjoining w. A. Towncs and
Others" Upon this tact of land the dwelling
and out. houscs of the defendant were situa-
ted.
lie claimed that his homestead should be
set off to him and personal property of the
value of five bundled dollam, in conformity
to the provisions Of an act of the General
Assembly, entitled "ADAct to determine and
pcrpctuatc the Houcacad," passed 9th day
Of September, 1868 Three appraisers were
appointod-onc blythe plaintiffs, one by the
defendant, and tie third by the Sheriff, Wick
ors. The ~appaiscrs set of by mctcs and
bounds a homestead of tho estate Of the debt
or, with q description and plat of tho same,
also personal property of the value of five
hundred dollars, and made separate returns
of the nus certifying the execution of their
duties conformabb to law, to the Sheriff, for
record in Court. The plaintiffs in execution
have filed various grounds of objection to
these returns of the appraisers, and ask of this
Court a rc.assisment and rc-oppraiscmcnt of
the real and personal property of the debtor.
The objections of the plaintiffs, when ana
lyzcd, may be reduced to three: First, that
tho Homestead Law is unconstitutional as to
liens existing at the date of its passage. Sec.
ond, that in the valuation and assignment of
tho personal property, injustice is done to
plaintiffs, because the estimated value of the
personal property is greatly below its market
value. Third, that the real estate assigned
set off greatly exceeds in value the sum
of one thousand dollars, and that in making
such estimate, tho appraisers did not take into
tho estimate the value of the dwelling house
and tho 9utbuildings connected Herewith
and incident thereto.
Tho first objection is ovorrulcd. The State
OF South Carolina had no constitutional OK.
lstencc from tho close of the war in April,
1868, until July, 1868 when representation
under, and in conformity to the Rcconstruc.
ton Acts of Congress, was admitted. II is
a matter Of little consequence,
whether the State was legally in or out of the
Union by the Act of Secession. The State
&rtainly had no constit".' =;
-"A July, 1868, when she was road
~ cc-S-@gatio Of the Reconstruction
SSSssSs8S Som 1866 TO 1868 the State was not
usin tho Senate or House. If o
ut Of representation could not
y, and yet the Courts of tho
&5'o decided that the Recon.
2ngrcss were constitutional
dates above, South Car
A Constitutional State, the
aaSSporior to tho Military
4--tho rebellion hay
~ April, 1S65-md
eonccdod fact, that
in tho State after
SRtruction Acts Of
abordinato to tho
2&bd States. Tho
SEDistricf under
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