Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1870-12-16
5upreme Court Decision.
April Term, 1870.

by, itS appear Involves tho question, whether
thd thestead exemption can be allowed under
o8lConsttution of this State, as against a
lnStgageesslaiuing under mortgage made
lhe executed prior to the adoption Of tho
lchlf this question is determined 10 the mega.
She, it disposes ofa lquestiops In tic cuso,
tdWe have fully considered the general
,xlestion Of tho bearing ofstthe homestead
lceoyisions on anteoedent debts in the cuse Of
eycnnedy.
ur'rho present question is clearly distinguish
'dpe from, tho one there decided.
re 1t is the right of the mortgage in default
zf payment by the mortgagor, according to
-gle terms of the mortgage, to have the whole
portgnged premises, or SO much thereof Us
emy be necessary for such purpose sold end
proceeds applied to tho satisfaction of the
portgagc. (Bronson rs. Kiuzic, How,
Rll, 318,)
This right constitutes in part the obligation
of tho contract expressed by tho mortgage.
Tho principle of the exemption laws is I'M
applicable to such case, as the interest crea.
ted by the mortgage is specific, while from it's
nature such exemption can only bc brought
into discussion when the remedy goes against
the whole property Of the debtor.
If the provisions of the Constitution were
TO receive such construction us to exteud to
I fhe case of Il sale under an anteccdcnt mort
Eage, they would not only be brought in con
flict with tho Constitution of tho United
States, but would be found equally out of
tccord with the principles of Article l, Sec
lion Il, of tho State Constitution, which pro.
fidcs as fo'lowss "No bill Of attainder, e:c
past fucfo law, nor any law imparing the OBJ
|isaton of contracts shall ever be enacted"
The homestead exemption provisions of tho
et3nsttutlon ought to bc construed with Ar.
i,,t$S [, Section 81, as they constitute parts
! cthe sniae instrument, such construo
pm loads to tho conclusion, that the terms
attachment, levy or sale on any mesno or
Enal process issued from any court" employ.
id in Section 80, Article III do not include
i sale for the satisfaction of II mortgage mnde
and executed prior to the date OF tho adop-
tion of the Constitution.
1t is ordered, adiudged ard dccrecd, that
as to 30 much of the decree of the Circuit
Court in tho above entitled cause as ndju1ges
that john Mason, Sr., is entitled to have set
,off to him as such and assigned homestead
within the mortgagcd premises, and rs orders,
adiudycs and dccrccs that the Clerk OF the
Court Of Common Pleas for Oconec County
do, OH or before the day Of sale therein order
ed, set Oh and assign to John Mason, Sr., the
family homestead aud lands appurtenant
thereto within the mortgagcd promises, pur.
s,lant to the provisions of the Act of the
General Assembly, cntitled Gan Act to do
u AL ~
set off and assigned homestead for the defen.
d,nt, the said decree of tie Circuit Court be
in ali things reversed
Ana !" Is further ordered, ndiudgcd and
dccrccd, that the whole mortgagrtl promises,
or so much t,.nrcnf as shall he necessary, be
sold under said decree, according to the terms
respects bo confirmed.
DR.. Sam. Bird, of tho Atlanta Trnc
Georgian, who was the first man in the South
to nominate Grant for the Presidency, who
advocated him 10 the nominating conven-
ton, and was afterwards appointed Governor
Of one of tho North western territories,
(Which appointment he did not accent. ) pub.
fishes II cnr'l declaring that 'the mission of
the N'pnhilcan party hns ended" and that
he will in the future oppose it. Bard seems
to have had "A surieit OF Grant and his party,
ere the first half Of the great pcacemnkcr's
term had passed away. There will be many
more iikcmindcd to desert che sinking shin
of Kadic,lism
The New York .Sun, Of Monday SAYS {:
General Benurcgard was among the pnsscn.
gers by the Vile dc Paris, which left this
port for Brcst on the 28ult lie goes abroad
In compllnuce with an invitation from tho
present French Government They have of
tered him the post of n general Of division in
the French army. He has accepted it, and
now goes to enter upon its duties"
--l}cast Butlor writes to some of his friends
tlat he does rot think the time hns vet ar.
rived tor them to bring him forward as q
Presidential candidate Wcngrce with But
Ter for one time, and lie will Gnd nine tcntbs
OF the people with him in that position. If
he could only come to tho conclusion chat he
needed hangins, he would become popular
man.
The reign of paper money is now strange.
~ wide Russia, Austria, Italy. Spain, France
and the United States. six of the ciyht fore.
most nations IN the world, have legal ten.
der paper with forced circulation.
AT Inst the woman suffrage movement
reaches Congress. "Pomeroy introduced q
Sixteenth Amendment for woman suffrage"
so the dispatch says. sa D.,
FL Y M II N Z "A r.
-;- ---- -s--------.--::- -- -: I 4r.s
j MARRIED., on Sunday thu t8tb. NJ ,O,,,,,o, .