The home journal. (Winchester, Tenn.) 1858-188?, 1870-08-25
Public Laws.


Code in regard TO homcstcads.
SECTION |. BE it enacted by the
General Assembly Of the State Of len
nessee, That y homestead in the pos
session of each head Of family, and
tlc improvements ti;craon to the value
of $1,000, shall he exempt from sale
under legal process during the life oil
such head Of family, and which shall
inurc to the benefit Of his widow, and
shall be exempt from sale in any way
at the instance Of any creditor or cred
itors during the minority Of the chill
dren occupying the same, and until the
youngest child reaches the age Of TWEEN
ty-onc years; Provided, that said real
estate shall not be alcnatcd without
the Joint consent Of the husband and
wife, where that relation exists, to be
evidenced by conveyance duly cxccu-
ted as required by law for married wo'
men; and provided further, that such
real estate shall be exempt from sale
for the payment Of taxes legally as
scssod upon it, or from sale for the sat
israction Of any debt or liability con
tracted for its purchase, or legally in
Cured for improvements made there
on.
Sec. 9. BE il further enacted, That
the provisions Of the first section OF
this act shall apply as wei! to equitable
as legal estates, and the homestead in
equitable estates shall be set apnrt as
the court may prescribe in ordering the
sale.
Sec. 3. BE it further enacted, That
whenever the real estate Of such head
of family is levied on ~ execution or
attachment, his or her homestead shall
be set apart in the following manner:
The officer executing the wits shall
summon three disintereatcd free hold
crs, not connected with the parties, and
administer to them an oath 10 aeL apart
said homestead out of the rca! c1tatc
so levied on. Said irCchoIdcgS Snail
examine the premises, and upon oath
set apart said homestead, including
mansion and out houses, and SET out IL
writing the boundaries thereof, and Ger
tiry that such is the homestead set
apart by them, and deliver tho same to
the debtor, and tue remainder only of
such lands so levied on or attached
shall be subject 10 sale, which fact shall
be returned on the execution.
Sec a. Be il further enacted, That
when the real estate levied on is Of
greater value than 81 600, and is so sit
uated that il can not be divided SO as
to set apart the homestead. the Tree
holders shall certify the fact, and the
officer may proceed to sell the whole
tract, and out of thc proceeds he shall
pay 10 the clerk Of the court rendering
the judgment or cCndenning the land
for sale, 81 900, to be By him invested
under the order Of the court in the pur-
chase OF Il homestead for the family Of
said dcalor, and only the surplus ovcl
and above 81 600 shall he applied to
the payment Of said execution.
Sec. 5. BE it further enacted, That
the officer shall certify upon the ccrtii-
icate OF the lrceholdcrs that the same is
their act and deed, and the debtor shall
have the same registered in the Regis
tcr's Office Of the county in which The
land lies, and when so registered i'll
shall vest in the head Of the family end
his widow and minor children as here
in providel---a good and valid title to
the land exempt from execution,
Sec. 6. Bo it further enacted, That
the homestead exempt in the posses
sion Of husband, shall, upon his
death, 90 TO his widow during her nat
ural life with the products thereof, for
her own use and benefit and that of her
family who reside with her, and, upon
her death, it shall 20 TO the minor chill
drcn of the deceased husband, free
from the debts of tic father, mother,
or said children, and upon the death of
said minor child or children or their
arrival of age, the same may be sold
and the proceeds distributed amongst
all tie heirs at law Of The deceased /
head of family according to the laws
of descent and distribution in this
State.
Sec. Z. 10 it further enacted, That
upon the death of said head of fam
ily, without widow or minor children,
said land shall be sold for the payment
Of the debts as may be legally c5iab-
lished against his estate, and the re-
mainder distributed amongst his heirs
according TO the rules OF descent in
force ut the time in this State.
See. 8. BE IL further enacted, That
If the head Of family is married and
his vito obtain divorce on account of
Ids fault or misconduct, the title to the
Homestead shall be vested by tho de.