The Florida agriculturist. [volume] (DeLand, Fla.) 1878-1911, 1878-09-25

The court said "The mere state
mcnt of the facts decides the case in
the conscience Of every honest man,
that neither in law nor justice the
exemption should be allowed. The
defendants can not expect the courts
TO assist them in consummating the
intended fraud. A party cannot
turn that which is granted him for
the comfort Of himself and family
into aal investment of fraud" The
majority.of the decisions, State and
Federal, sustain the principle laid
Gown in Pratt V. Barr, cited s,lpro.
We find III q very we'll written
opinion by Randall, G. Peterson
V. Taylor IS Florida: "An exemp
tion Of property from sale by pro-
cess Of law is sersonal privilege
which may be waived by the owner
Of tho property conveying an interest
by means Of an absolute OF deieasible
conveyance Of property otherwise
exempt from such sale" This was
3 mortgage Of personal property,
and it was decided that it was not
competent for the moItgagor TO
claim that the property wss exempt
from sale under a decree of the cenrt
foreelosing the mortgage, the mort
gagor claiming that It was exempt
under the constitution from the
forced sale. 9'he court very wisely
said: awe do not believe it was
the intention of the constitution to
deprive the citizens Of the common
rights and privileges pertaining to
l-ssropseatg5 and credit, SO ca: as to ron
der their condition abjcct ara nope
less in their poverty, beyond its ex-
press provisions, and the evident in
tention must control our construct
ion Of its language without doing
violence to it. 3 And where
a borrower obtains loan Of money
by pledge and consent, legally
given, that certain specified property
which was pledged as security, and
without which the loan would not
have been. obtained, will be sold to pay
the debt, the law providing the rem
cdy is before the debtor when the
pledge is given, and enters into the
contract, ard can not be changed so
as to effect the contract. Both part
les have assented to it, and the act
Jon Of the court is but carrying out
specifically what has been consented
to: so that a decree Of the court,
instead Of affecting 8 .forced sale,
merely, compeis the parties to abide
by their specific agreement, and the
sale is deorced in pursuance Of that
contract The clause in the consti-
tuition of the State of Florida, under
which the above decision was made,
says that "one thousand dollars
worth Of personal property . =
shall be exempted from forced sale
under any process Of law"
In y well discussed case, clause
il the statute Of Illinois, exempting
homesteads from levy and forced
sale under any process or order from
any court Of law or equity was con
strued not to exempt from sale under
a power given in a deed of trust.
Dawson '. Hayden, 67 Ill. So.
The homestead exemption is en-
tirely the creature Of the statute
laws of the different states. 1t is
carved out Of the real estate owned
by the husband, father or mother, or
other head of the family. BY com
mon law, the wife has no interest in
her husbands estate, except dover.
Ia relation to the right of the hus.
band, or Of husband and wife COM
bined, to ALLEVIATE the homestead, we
q ~ >.''s ~-.te-. -.-....