The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1873-05-07
The Fairfield Herald.
PUBLISHED
EVERY IV'EDVE.SDIY
The Homestead Law.

DECISION or THE SUPREME oouRr-mn.
JUSTICE swAYNh's OPINION.
No. 1875 --DEcEMBER TERM, 1872.
John Mrk. Gum, PlaiutiT in Error
W.
Charles L. Barry.
In error TO The Sumcme Cont of The
State Of Georyia.
MIR. Justice Swayno delivered tho
opinion Of the Court.
This is writ Of error to tho Su.
premo Court Of the State of Goor.
gia.
On tho l@;h Of May, 1866, tho
plaintiff in error recovered in tho SUI
lior court of Randolph county n
Judgment against Wm. r. Hart for
the sum of $ap2.3o principai, aud
$l29.Go interest up t. the udvmcnt
and costs. An execution Was issued
upon tho Judgment, and placed in the
hands OF the defendant in error as
sheriff Of that county. lie was there
10y commanded to mnko the sums
above mentioned ard farther interest
upon the principal from the l2'h of
May, 1866, and the costs. The plain.
tilt III error requested him to levy
upon tract of land Of 272! acres,
belonging to Hart, tho defendant in
the Judgment. Barry refused. N 10
assigned M the only reason for bis re-
fusal that tho promipcs had bcon set
off to Hurt undcr tie provisions Of
tho act passed by the General Assem-
bly, of tho State, and approved Ooto~
hcr 5, 1850, entitled "An act to pro.
vide for setting apart hom cstead of
realty aud personality, and for tho
valuation ct said property, and for
the full ard complete protection and
fccu,ity Of the samo to the sole u,c
and benefit Of families, as required by
section first Of article seventh Of the
constitution, and for other 'pur,
roses."
Guun thcrcupon Io!itioncd Tie su.
pcrior courtcf tie county for n writ
OF m"n"an',s to compel tho she.itr tc
mako tho levy.
Tee petition sct forth that the land
in question was the only nropc1l,
known to him 1uh jsct to the lien OF
his Judgment, except track of 2s
acres Of the value of >Sl00 situated in
the county Of Stuart, which WAS alst
included in tho homestead 80 sc,
apa,t; that the premises In question
were worth the sum Of $1,000. and
tlat thy embraced much larger
,f
exempt frcm levy and sale by the
la"s in fierce when the judgment wa:
recovered, and when tho debt O,
which it WAS founded WAS contract
Cd.
II does not appear that thoso allie
cations were denied, and 20 do no
understand that there is any contro
vcrscy upon the subject.
After full hearing tho court affirm
cd the validity of the act in its +, tro
spectivc aspect, and gavo Judgment
against the petitioner. Tho su.
premc court Cf tho State affirmed this
Judgment.
The fist section Of rscvcn,h article
Of the constitution Of Georgia Of 1868
prov idcs that "cach honh Uf q family.
or guardian or trustee of family OF
minor children, shall DO entitled to n
: homestead Of realty to the value OF
$4,000 in specie, anh personal proper.
ty to tho value OF ~ 200 in specie, to
be valued at the umo they arc set
apart, and no court or ministerial
officer in this State shall ever
have jurisdiction or authority to en-
force any judgment, decree, or exc.
cutlon against said property SO set
apart, including such improvement "a
may be made thereon from timo to
tune, except for taxes, money Dor.
rowcd or expended in tho improve
m'nt of the homestead, or Tor the pur-
chase money Of tho same, for labor
done thereon, or material furnished
therefor. or removal Of incumbranccs
thereon"
lilo first section of the act Of the
3d Of October, 1868, is in tho sam.
terms.
1t may we'll be doubted whether
both tkesc provisions were not intend.
cL to be wholly prospective in thoir
elect.
But as We understand the supreme
court Of the state has come to q diff.
fsrcnt conclusion, We shall not consid.
or the question.
The statute in forco when tho
Judgment was rendered declared that
tho following property belonging to
debtor who was the head of a family
should bo exempt from levy and sale
% Wit } "Fifty acres of land and
fvo additional ones for each of his
children under tho AGO of sixteen
years, the land to include the dwell.
ing house, if the samo and improve.
mehts 10 not exceed two hundred
dollars one farm horse or mule, ono
co" and calf, ten head of hogs, and
h'ty dollars worth of provisions, and
hvt dollars worth additional for each
child beds, bodding, and common