The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1873-05-21

The following is the full and Off
cial report of the important decision
on the Homestead Law as pro
nounced by Associate Justice
Swayne, in the Supreme Court OF
the United States:
John Mex. Gum. plaintiff in error.
rs. Charles f. Barry.
This is a writ Of error to the Su.
Supreme Court of the State Of
Georgia.
On the 18th Of May, 1866, the
plaintiff in error recovered in the
Supreme Court Of Randolph. Coun-
tx "a judgment against WIN. r.
H rt, for the sum of S402 30 prin.
cipal, and S129 60 interest up tc
date of the Judgment, and costs,
An excursion was issued upon the
jud"ment, and placed in the hands
OF the defendant in error as sheriff
ol tat county. He was thereby
commanded to make the sums
above mentioned and further inter.
est upon the principal from the 18th
of May, 1866, and the costs. The
plaintiff in error requested hips tc
levy upon a tract of land Of z72!
acres, belonging to Hart, the de-
fendant in the Judgment. Barry
refused. He assigned as the only
reason for his refusal that the prem.
ises had been set of; to Hart under
the provisions of the act passed by
the General Assembly Of the State,
and approved October Sd, 1869, en-.
titled AN act to provide for set.
ting apart a homestead of realty
and personally, and for the valua-
ton of said property, and for the
full and complete protection and
security of the same to the sole use
and benefit of families, as required
by SECTION first Of article seventh OF
the Constitution, and for other pur'
poses.
Gum thereupon petitioned the
Superior Court of the county tor a
writ of mandamus to compel the
sheriff to make the levy. .t...~
The petition set forth that the
land in question was the only pro
perty known to him subject to the
lien Of his judgment, except
tract of % acres of the value o
500, situated in the county q
Ste Sart, which was also included il
the homestead so. set apart; tha
the premises inquestion were wortl
the sum of 1900, and that the.
embraced a much larger number O
acres than the real estate exemp
from levy and sale by the laws il
force when the Judgment was re
covered and when the debt Of
which it was founded was contrac
ed. ..a.. s.,....... -
1t does not appear that these al
legations were denied, and VIC d
not understand that, there is an,
controversy upon the subject.
After full hearing the Cour
affirmed the validity of the act il
Its retrospective aspect, and CAV
Judgment against the petitioner
1.-THE Supreme Court Of the Stat
affirmed this Judgment.
The first section of seventh art
of the Constitution Of Georgia {
1866 provides that "each head OF
family, or guardian or trustee OF
family of minor children, shall b
, entitled to homestead Of realty I
the value of $4,000 in specie, an
personally property to the value {
81, 900 in specie, to be- valued
the time they are set apart, and n
Court or ministerial officer in til
! State shall ever have jurisdiction
e authority to enforce amy judgme'i
!, decree, or execution against s;''
+ property so. set apart, includlr
l. such Improvement as may be mac
thereon from time to time, exec
n n for taxes, money borrowed or e
> nendcd in the Improvement OF Il
homestead, or for the pnrcha
| money of the same, and for lab