Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1871-05-29
Pursuit Ola ''HOmeStead' which was
Not Exempt.

anraun.
Not Exempt.
Wehave heard of the following case, occurring
in a neghboring county One man recovered
Judgment against another for about $50
The defendant owning but little personal prop
erty was however, the owner IN tee-sImple or
small tract Of land, which, after the recovery OF
the Judgment, he set apart by and to himself as
a Homestead. - The plaintiff, in order TO
subject the land to the payment of his Judg-
mcnt, sued out his suit of Elegit, and placed 1t
in the hands of the Sheriff for execution. The
defendant therupon retained an attorney, who
prepared bill and applied to a Circuit Judge
for an injunction to restrain the plaintiff from
his proceeding on the Elegit, OH the ground
that the land was exempted from the operation
OF the Judgment under the Homestead Law
The Judge refused to grant the INJUNCTION
The Sheriff, with jury of twel We men, As pro
rided by the statute, proceeded to extend the
land under the Ecgit, and gave constructive
possession to the plaintiff. The defendant, re-
fused to surrender the possession: The PLAIN
tiff then brought his action Of Unlawful De
taiuer to recover possession The defendant
by counsel, appeared and defended the action.
The plaintiff, however, recovered ajudgment for
the possession. The defendant thereupon had
the recordcopied, and applied to Judge OF the
Court of Appeals for the supcrcedcas totlls judg-
mcnt The supcrccdeas was refused. The
defendant than gave notice of 4 motion to be
made before Judge in vacation to quash the
Elegit, and in order to stop the proceedings on
the Judgment for possession until his motion to
1uaSh could he heard, he had another bill pre-
pared and applied to Circuit Judge for an IN
junction. The Judge refused the injunction.
The defendant than presented the bill to
a Judge of the Supreme Court Of Ap-
pcals, and the injunction was granted. The
plaintiff filed his answer to the bill, and gave
notice to dissolve the injunction on the samc
day on which the motion to quash the Eleglt
was to be heard On hearing the two motions
on the same day, the Judge dissolved the in
junction and ovcr-rulcd the motion to quash.
The defendant than applied to- Judge OF the
Court of Appeals for an appeal from the dcci,
sion of the Circuit Judge dissovng the lnjunc-
ton, and the appeal was refused. These pro-
ceedings ended, the plaintiff sued ont his writ
of possession on his Judgment, and placed it in
the hands of the Sheriff for execution. The
Sheriff went to the premises to execute the
writ, and was met by two SONS of the defendant
and informed by them, that he should not
execute the writ-that they won id die by their
by force. The officer reported these facts
to the Court, from which the writ of
possession cmanated The Court thereupon
made rules against the parties to shcw cause
why they should not be punished Tor their
contempt of the authority Of the Court III re-
sisting the execution of its Judgment. The
rules were returned executed, and the parties
answered. and no sufficient cause being shewn
against it, the Court fined the parties each $40,
and ordered them to be imprisoned ten days.
They were accordingly committed to the jail,
and after suffering 'durance vile for several
days, they concluded the thing would pay,
and determined to get out on the best terms to
be had They therefore gave their bond tor
the debt, with good security waving the
benefit of Homestead Exemptions, and were
discharged. The debt, interest and plaintiff $
costs amounted to upwards of 500. The de-
fendant' costs, including fees to his attorney,
and officers of the court and fines, at the lowest
calculation, could not We suppose, be less than
800 Here is man, who owed debt OF
about $50, which he was bound to pay and tor
which his property was liable, paying more
than 5000, to keep from paying the $50 Two
trials b. jury. and two jud gments therein-two
writs of execution-two bills of Injunction
sundry motions-thrice to the Court OF Ap-
peals and back agaln--cOstS after cOsts-loss
of time-yexation--hn and imprisonment
What costly folly this !-Be!tord 10. Sent
THE SoUTH-Its .S1.s and It's tSuBrmg& -
Such is the heading Of j most remarkable artl-
Gle which we find in the New York Tribune.
The same paper tells us that its editor was at
the last accounts in Texas, having passed, of
course, through the disturbed districts Of the
South, and having-for distance no longer i'm
pedes easy mmunication-obviously arrived
at the same conclusions for reaching which
General Sherman, by this very Tribune, was
so much and SO bitterly censured. Seeing,
however, is believing, and there Is ring OF
sincerity about this effusion that Is very lnl-
pressve bait. San.
Our correspondents have now been so long
in the disturbed districts of the South, that We
can form from their letters distinct idea of the
state of society in that unfortunate part OF the
Union. 1t is melancholy picture that they
draw for us. The most Intelligent, the inaucn-
tial, the educated, the really useful men of the
South, deprived of all political power, have
come to look upon themselves as the outraged
subjects of a despotic conqueror. Taxed and
swindled by horde of rascally foreign adren-
turers, and BY the ignorant class. which only
yesterday hoed the fields and served in the
kitchen, they care nothing for politics except to
throw off the oppressive yoke; they have no in
tcrest in national affairs; they would call them
selves Of either party provided their rulers were
only Of the other The refuse of Northern cities
who went southwark after the war. out Mt e.
bows, and destitute of character and cducation
now roll in splendid carriages, drink rare wines
glitter with diamonds rs big rs Fisk $, and steal
taxes as fast as a New York street commission.
1t is no wonder that the impoverished planter,
growing poorer every day the ex-Contederate
officer. who fought so bravely for cause in
Which he honestly believed; the professional
men, accustomed all their lives to hold office and
lead the public sentiment OF their communities
look On such things with rancorous hearts,
They might submit to be ruled by soldiers WHO
haye beaten them in battle; but here they arc
plundcrcd by suffers and clmp-to!loWerS.
.This is miserable state of things, indeed
far republican goyernmeit-a burleSque upon
the suffrage when the only restriction, upon
voting is that the votes shall not be cast ior the