The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1869-06-17

conflicting as to the market value OF the home
stead, outbuildings and lands appurtenant. One
of the atlantis fixing the value at $3.50, and
another at SIS, ,O0O Other atlantis estimate vari-
GUS intermediate sums. The weight of testimony
shows that the dwelling, outhouses and lands, are
worth more than one thousand dollars.
The 32d Section of the II Article Of the Consti-
tuition of this State, describes with remarkable
precision what is intended to be embraced as the
homestead for each head of q family. 1t says:
"Such homestead, consisting of dwelling house,
outbuildings and lands appurtenant, not 10 ezesed
the ualue of one thousand dollars, &C., shall be ez-
empt from attachment levy or sale" &c.
The lst Section of the Act, passed 9th Septem-
ber, 1868, entitled can Act to determine and per-
petuate the Homestead" is not less explicit.
Where the real estate is levied on being the home
stead of the debtor, the officer executing the pro
cess, 'shal1 cause homestead, such as such
person NAV select, not to exceed the value Of one
thousand dollars, to be set off," sc. and in the
same Section, in giving directions to the appraisers,
they shall "set off by metes and bounds home
stead of the estate Of the debtor &c., not to exceed
the value of one thousand dollars" &c.
1t is insisted in this case, that in making the ap-
nraiscment. no estimate should be made of the
value of the dwelling house and outbuildings, and
that the homestead means the lands appurtenapt to
the buildings alone. If this Interpretation should
be adopted, land without dwelling could be as
signed. And yet, it is not susceptible Of doubt
that the Constitution and law was intend to secure
to the family homo and shelter against all con-
tingencies.
It is said again, that, if the dwelling and out
buildings are not excluded from the estimate that
an unfortunate debtor whose dwelling and out
buildings exceeded one thousand dollars in value,
would be excluded from all benefit from the Act.
It is conceded that the legislation OH this point is
defective, and that some provision should be made
where the debtors dwelling is worth more than
one thousand dollars, to retain for him in trust
that sum when sold, to purchase homestead; but
this argument cannot be allowed to overthrow and
defeat the plain provision of the Constitution and
Act already quoted
1t may be that appraisers would be authorized,
ON examining dwelling or outbuildings, and con-
Guiding the same was worth more than one thous-
and dollars, that they would be authorized to ap-
praise only and assign only part of the dwelling
and outbuildings, or even certain rooms, as a
homestead.
In this case one of the appraisers, in his afida-
Wit states that, in making his estimate OF the
homestead of the debtor, he did not include the
dwelling and outbuildings, and that the thousand
dollars worth of real estate assigned to the debtor
consisted of lands appurtenant to the homestead
This statement of one of the appraisers as to
the basis of the estimate in making the appraise-
ment and the affidavits submitted as TO the value
of the real estate assigned, being in excess of the
amount allowed by law, requires me to order, and
it is hereby ordered, that re-appraisement and
re-assigument of the homestead of the debtor, I.
Edwin Ware, be made by E. 8. Irvine, 8. Swan
dale and Haplin Beattie, Esqs., and that they
make return Of their actings and dongs in the
premises, within forty days, to the Sheriff OF
Greenville County. JAMES L. ORR.
Anderson, s. c., June Sd, 1860.