Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1871-11-24
Court
For this county adjourned on the evening
Of the goth instant.

under the Act of 1866, in entering premises
after notice forbidding it; one for petit lar.
ceny lit stealing pig; and one for grand
larceny in stealing steer. All the defen.
dants were white, the first two being females.
The sentences wero as follows For trespass,
Imprisonment in Jail for twenty.four hours J;
for petit larceny, imprisonment in Jail one
month for grand larceny, Imprisonment in
the penitentiary one year. r. S. KNIGHT,
indicted for horse stealing, was acquitted -
N. II. JENKINS, indicted for obstructing
public roads, was not found guilty., the road
not being public road. The colorcd race
in this court (bc it said to their credit) had
no representative in criminal matters.
The business on the civil side of the
Court was light and comparatively uniuter
esting, there being only a few jury cascs.--
The Grand Jury was discharged on the sec
ond and the Petit Jury on the sixth day of
the term. On Monday last two questions of
interest were discussed and submitted for
decision to the Judge. The fret wjS the
case of BIEMANN VS.. ANsEL, being excep.
tions filed by Plaintiff to the assignment of
homestead to the Defendant in execution
The property Of Defendant consisted of
two-story dwelling house and quarter, acre
lot, fronting So feet on Main street, out of
which the Commissioners had carved home.
stead, by giving the Defendant the lower sto.
ry of the building aud tho we'll and smoke
houses, leaving the upper story and land in
rear subject TO sale. The dwelling house
covered forty feet front, leaving twelve feet
front unoccupicd as an entrance to rear lot
The Plaintiff objected, urging that the assign,
ment OF the entire lower story, took away from
the upper story the character of realty, rem
dering, in case Of fire, its enjoyment subject
to the caprice of the owner of the soil in re.
building, if not entirely destroying it, and
claimed the maxim, the owner Of the soil is
the owner even to the heavens should be I'D
hcrcd to in the assignment. The Plaintiff
farther objected that such division or assign.
ment operated to the great deterioration in
value of the part left for sale. Afidavits Of
the Commissioners placed the valuation'of the
lot and Improvements at $500. The same
parties fixed the probable selling price Of part
not assigned at six to eight hundred dollars,
the value of the land, apars from the upper
story of the house, being variously estimated
ut from one to two hundred dollars. The Hc-
fendant urged the fair and bona .fdc return
OF the Commissioners, the easy accessibility
of the upper story by stairs from the exterior
of the lower story, the character of the upper
story being large room usod for N1public
meetings, the division Of which would d, stroy
its utility, and tho homestead act cxcmptiag
each portion as the debtor should select. The
Judge withheld the matter for decision
Another question Of interest arose upon
the construction Of the Act Of 1868, yrovid.
Ing for the assessment and taxation of prop.
ety SYMMEs, Plaintiff, had sued WER.
NEcKE, Defendant, for the possession of
house and two lots in the town of Walhalla,
which had been sold for taxes ns property OF
the Defendant, by the County Treasurer, on
the second Tuesday in June last, tho Plaintiff
being the urchascr. WERNEcKE had owned,
prior to June, several tracts of land in this
County, besides the lots in question, on which
the taxes remained unpaid. The Sheriff of
tho County, on salcday in juno. had sold
these lands (except the house and lots claim.
ed rs homestead) under executions in his of.
flee against WERSEcKE. On day of sale, he
stated that purchasers would be liable for
taxes, if any were due, on these lands Sub.
scquently, and after the monies raised by the
sae of these lands had hccn applied to cxccu.
tions III his Office by the Sheriff, tho accumu.
lated taxes on all the lands, lots included
amounting to Sll3 were levied on tho town
property unsold, and it, after due advertise.
mcnt, was sold to Plaintiff as the highest bid
der. Defendant claims to havo rendered or
offered to pay to the County Treasurer the
separate tax due on the town property, which
was refused. The question is now made in
the defence, that the tax on land is spcciGc
lien on the specific land taxed, each part or
parcel being liable for its own tax; shat tho
| execution Is not against the ownor but against
the dehncrscus land and that the tender of
tho tax on the town property rendered the
sale void as to it. In this case also tie judge
reserved his decision, but we hope as soon as
rendered to place it before our readers.
ED- The Association for the cure of inc.
briutes held bis second annual Convention yes
| tor1,v ,pbon cow, GO, ,u..,.