Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1875-06-07
Homestead EXEMPTION.

Judge Hughes has decided that "the home
stead exemption provided by sections |, 5, 10
and II Of chapter lS3 of the Code oil Virginia
IS rood against the lien of an execution on per.
soual property, and court Of bankruptcy will
grant the homestead exemption In goods Oh
Which the execution lien attached before the
adjudication Of the bankrupt; certainly where
there was 10 levy or sale.
The Judge states the case and his opinion of
| the law as follows:
"At tho November term QS74) Of the Circuit
Court of the city of Petersburg 7. L. johnson
| sued out an execution against the goods and
! chmttels Of orc Nelson snd OF Lainuel PEBBLES
| nhis bankrupt jointly, which went into the ser
| reants hands on the 9TH of December, 1874.
ION the 2lst Of December, 1874, Peeblcs filed
his petition in bankruptcy, and WAS thcrcupon
| duly I'D Indicated y bankrupt. AiterWards-to
| wit: on the 3tth OF December, lSI4-the ex"Cu-
| ton w.s levied by the sergeant upon certain
| uorsunaity Of prcDns spec ted in the return OF
! The sergeant made III the March rules of 1870;
| which personally would otherwise be exempt
| abe in lieu Of y Homestead exemption to the
said PEBBLES.
"The only Question: arising in this case is
whether the hansrupt'= claim OF exemption III
| lieu of homestead is gool against an execution
lien where the levy was not made until alter the
adjudication in bankruptcy; As the Ievy alter
| thst time was void-soe re Davi: vs. Anderson.
4 is. r., 45 Bumps Bankruptcy, I Ed, p. 1913
che estate of The bankrupt having passed into
the custody Of tho Federal court bound BE- lien
but free rom III Interference b. the officers OF
other coprtS tho more direct question Is whcth-
CT the homestead Is good IN LhlS case against 'ne
! lien of an execution? This question must be
decided uporl the iuyss Of Virgna, for the home
st; I'D Is given by the national bankruptcy law
only in cases where ii is given by the law OF
| each State.
The Constitution of Virginia provides that
| .tnvary, hon snhn dor haaI Il family snA |
| be entitled ~ hold, exempt from levy, seizure,
! rarnisnccing, or sale under airy execution, or
| der, &c real or personal property not exceeding
! - OOu in value" 30 be selected BY himself. IL
! authorizes the L ,gsiAture - provide how TINS
benefit may b. obtained ana enjoyed by any
law which shall not deIcat ~ impair The bone
| lit of the provision In pucsuHnco o. thls au'
thority the Legislature HIS provided, with sothe
mlnuLcaess, the name: IL Wi'GA TINS oehtht
shall be claimed ard secured in respect to tho
| t"nscno!Gcr's re, c1.ate Dat ilsS not made such
explicit Special provision az TO personality,
| doli'.tI'.ss fro the lnrrac!ica5ity Of dong So
| Bu, i. has provi ind III respect 10 personality, IN
| sections IL and II o. chapter lS3 OF The code,
low the Eous holder may, sIter execution sued
on. and levied ,.:d cel: al.er sale, secure from
| sale or after sale Any porSot atty when he may
| sc,ec, and designate H. I'll exemption 10 the
| amount allowed Uy i:.W. Section OF the same
| chapter Of the ,tn.e provides IN elect tnat
though this personality may be subject to Inc
the 'clsm Of TOE h"lnc .iend' snail be good
against such "lasL raracd lien" Ii seems to
me, therefore, TO Dc tri1,ng with the subject 10
contend, in view ana III despite OF the express
language Of section o. article Xi. OF the STAT
Constitution, and sections l, ., IL and Il OF
chapter Ie3 TIE Code, .hst the lien of Nh exc
cution, whether levied Or not-ccr!alny wien
not legally levlct--i$ good against the nome
stead.
Courts have nc more right than private c!t-
:; -, t,tf, la,u nI a
and the arbitrary individual judgment OF Il
! iudgo can he no more rightly exercised against
Il panty written and constitutional law than
tha: Of . private CT z9n.
The goods muIlloIed in the pleadlngs in this
case must be set apai IT, tho bankrup: notwith-
Standing the execution lien Ieid By I. L..
Johnson
UNPUBLISHED ADDRESS OF EXPREsIDENT
JEFFERSON. Major WIrt Harrison, Sergeant.
at-Arms Of the Virginia Senate, has presented
to the State Library the following, which, ac-
! cJrtilng to an euGDrSaIncnI on the back Of the
manuscript, is u repIy BY Thomas Jefferson to
an address OF wcIcame from his fellow cltlzens
81: the county OF AIbcmarc. The manuscript
was discovered by Major Harrison among the
papers OF his grandfather, Judge Dabncy Carr.
Ii reads as ioI:..w>:
$40 tie iahuJitants Of Itbcmartc county, IN
; lryiRia
"hcturning TO the scenes of my birth and
early life, - the society OF ,hoae with whom
Vas raised and who have been ever dear TO me,
/ receive, fellow citizens and ne!ghb1rs, with
ilrXpr"sS.1!o ps..n.ii-e TIE cordial welcome you
are So good .s TO give me. Long absent on du-
ties which the history Of wonderful era made
incumbent or those called u thcni the pomp,
the IurInoIl, the nu:Ll3 hnt SpleiiIor OF office
have drawn bat deeper sighs for the tranquil
ard IRRESPONSIBLE 0CcupntlOTE oil private lIie tor
the enjoyment 81 An an;ctl"notc intercourse
| with You my IcigiboTs and friends. and the
CndearncnjS Of jauiy love, witch nature las
gwen us all Ms tho swect,nrc .: every hour.
For these gadly lay down thr Distressing bur
then OF power ana seek with my cliow ritlA ms
rclose and saioiy under the W4tchiul cares the
lahors ard perp:Clil"s OF younger an ADLER
minds. The auXi".ics you express 20 administer
10 ms happiness do o. themselves confer that
| happiness and the measure will b.. complete #
my endeavoT> to u.l!t! my duties IN the several
public stations t" which have been called nave
obtained for me the appreciation .! my country.
The part which have ac,ed on the theatre OF
public life mas y zen before them, and 10 their
sentences ;ubmii t; but the testimony OF my
native county, Of the Individuals who navo
! known me- in private life to my conduct IN It's
| various dltie: and relations, il the more grateful
| rs proceeding from eyewitness and observers,
| from trcrS oil the rIclnngn. oi You, lhen, my
ncichhors l may ask. i'll tho face OF tho world,
| whose TX have tahrn, or whom have de-
| Irau'iGd W tcii nave IPfi csS ~, ~ VI "h''o
hand have | received hrbe TO blind mine eyes
herewith Un your verdict | rest with con-
scious security. Your wishe: for my happiness
are received with Just sensibiilty, and l offer
| sincere prayer, for your own welfare ana pros
per!ty. i'll. JEFFERSON.
April 5, 1909
| MARRIED AT THE PISTOLs MOUTu.-At I
| o'clock this mUrcln@ Il we'll dresSGi young man
made his way 10 haste into Wizards Hotel.
| He cutcret by the stree. door, and from thence
passed towards the office. For convenience
sake we will call him No. /. simultaneously
another young uan entered the hotel BY tue
avenue door HIN We VII! cal! No. When
No. reached the clerks office he saw No. >,
who had catered 10y way "i the avenue, when
y, took to his heels. aud No. = ran after