Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1870-07-25
Decision under the Homestead Law


BowLING GREEN, CAROLINE, Co.July 2l.-
The following case, under the homestead law.
has arisen in our county court, and been decl-
ded by Judge W. 4. Hudgins:
In 1861, w. R. Mason, of Fredericksburg,
sued and obtained judgment against q. Il.
Allen In August, 1869, Allen sued and
obtained judgment against w. j. Airport,
and on the 18th day of the present month
issued bis execution against Airport who got an
Injunction to restrain the sale of goods levied
sons judgment, or q part thereof and tended
the same to the sheriff in payment of Allen 9
judgment, and on the 18th, two days after.
Allen filed aschedule, claiming his debt against
Airport as a part of his homestead; and Judge
Hudgins decided thatAllport having purchased
Masons judgment before Allen had taken any
steps to set aside his homestead, was purchaser
without notice, and had acquired an equitable
offset against Allen which should be allowed.
The Judges opinion below will more fully ex.
plain the case and the points decided.
The question argued here is: Is Airport
entitled to credit for the amount assigned
him by Mason? and it is contended that, as
Mason could not enforce execution against A..
len, the assignee (Allport) cannot. 1t is clear
that If Mason had attempted to enforce his
execution, Allen could by conforming to the
provisions of the homestead act have defeated
him and to do this, under the provisions of
the 10th section, the debtor must file an in
veptory not oily of the property be intends to
claim as his homestead, but OF all his property,
real and personal, and to apply to three COM
uissioners (freeholders) 10 value the same. |
understand the parties in this case to have
waived such proceeding, and / shall decide
the case as if that was done, though | am clear.
ly of opinion that until the requirements of the
act of Assembly in this respect are complied
With, no debtor has any rights under the home.
stead law.
I have already said that if Allen had com.
piled with this section of the statute, and his
schedule showed that his property, including
chooses in action, amounted to less than two
thousand dollars, he would become entitl led to
have it set apart. Now. ii Airport is in no
better situation than Mason, Allen will be eI-
titled 10 claim his homestead and we must ex-
anime into this question
The Constitution, after providing for the
homestead, further provides (section 5, article
III that the General Assembly shall, at the
present session, prescribe in what manner and
on what conditions the said householder or
head CT family shall thereafter set apart and
hold Tor himself and family homestead, and
in pursuance of this provision the homestead
act (section a provides that ito be entitled to
the tul! benefit of a homestead, exempt from
levy, &C., said householder or head OF fami-
Il shall declare by deed duly recorded &c,
bis intention to claim such homestead. with
q description OF the property so claimed, &c.
1t is clear to my mind that, until party shall
have taken steps under this section. he has
not vested his property 10 the homestead 10
himself and family but sections l6 to II pro-
vide means for him to acquire his homestead
after execution against a Judgment creditor
proceediug to enforce execution. This Allen
claims to have done on the 18th day OF July,
1870. On the 18th OF July be issued his exc
cution against A!lport and put it IN the hands
of the sheriff the same day. On the 18th, Ma:
son issued his execution against Allen, and
put it 10 the hands of the sheriff the same day.
On the 18th, Mason assigned, tor val ue, S275
of his Judgment to Moncure, who, tor value,
on the 10th assigned it to Airport so that
Allport acquired claim against Allen on the
l6tb, notice OF which be Immediately gave the
pers 10 the Clerks Office, and IL was only two
days after receiving notice of Allport's claim
against him that Allen takes any steps toWards
setting aside bis homestead. How was Ali.
port to know that Allen needed or intended
to claim homestead till be took steps to do
So LIZ Allen had acted under the fourth sec
ton of the homestead law before Allport's
purchase from Mason, he (AlIport) would not
have been purchaser without notice but
without such notice he has acquired rights
against Allen. and it would work injustice and
hardship on him to make him pay to Allen
when be is q creditor of Allen himself, having
acquired his rights before he had any notice
OF Aliens right to homestead, or his lnten'
ton to calm it. His claim is, therefore.
good one and the Injunction awarded to AL
port is perpetuated.
The case excited considerable interest, as
this is the first of the kind that has come up
under the homestead act IN either OF our courts
and was ably argued by Messrs. Chandler Il
Chandler for Allen, and E. q. Moncure. Com
monweath's attorney, for Airport, and the de
cision given by one who is undoubtedly learn
ed in the law"
A GOOD JOKE ON MR. GREELEY.-There
have been more jokes over Mr.. Greeley's hand.
writing than could be named, but the annexed
ia certainly one of tho best. lu May last
MIR. Nj. B. Castle, ofSandwich, Illinois, invlt-
ed MIR. Greeley to lecture there. TO this the
following reply was sent:
Dear Sir II am overworked and growing
old. l shall b. sixty next February 3. On the
whole, it seems | must decline to lecture hence
forth, EXCEPT in this immediate vicinity, II l
do at all. can not promise to visit Illinois
ou tnat erfa3Q-ccEtalnIy nOI noW.. q .t''- ''
Yours, HORACE GREELEY.
M B. CASTLE, Sandwich, Illinois
1t can DC partly imagined the great efforts
made by the lecture committee aud others TO
decipher the note, and the delight which they
must have felt at their success in extracting
its general meaning. That they did 80, will be
seen 10 the following epistle forwarded in due
time TO MIR. Greeley: -...-.
.-.. 'SANDwIcH, I'LL, May l2
Hon. Horace Greely, Ne,c York Tribune.
Dear Sir ~ our acceptance to lecture be-
fore our association next winter came to hand
this morning. Your penmanship not being
but we succeeded, and would say your time
I'D of Feb. and terms, $780, are entirely
satisfactory. As you suggest, we may be able