Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1883-10-16

subscriptions for sufferers" Will be
asked or accepted from any quarter.
We can see that blaEo and 20 several
better without throwing up our hand
or asking the loan Of a few chips.
JEAN VALJEAN.
THE HOMESTEAD LAW.
synopsis of an Important Deci-
sion by Judge Caldwell, of
the Court of Referees.
VIM. B. Stokes, plaintiff in error,
VS.. Ira w. King, Homestead-Con,
slruction Of Code Eliza,
In October, 1873, W. j. Stokes Dor
rowed from John A. Fite, as Clerk
and Master OF the Chsucery Court at
Carthage $500, for which he and OWN.
B. Stokes executed their joint note.
with Ira W. King surety. the note
not having been paid at maturity,
Judgment by motion was taken on the
note 10 favor of said Clerk sndMaster,
at the March term, 1874. On the fol-
loving day execution was issued to
the Sheriff OF DeKalb county, and by
him levied on a house and lot, as the
property of William B. Stokes, who
vas occupying it with bis family as a
homestead. Freeholders we're ap-
pointed to assign homestead, an by
their report it appeared that the house
snd lot we're worth $1,000, and that
the property could not be divided so
as to set apart homestead Of $1,000 in
value TO the owner. Thereupon the
Sheriff. after proper notice and adver-
tisement, sold the whole property al
public sale to Ira W. King, April 20,
1874, for 1858 81, the amount Of
debt, interest and cost. The purN
chaser was not present. and no money
was paid" to the Sheriff, as shown BY
his return; however, he had written
instructions from the purchaser to bid
that amount for him.
Four months later the purchaser
executed his note to the CLERK and
Master, the plaintiff in the execution
for the full amount of his bid and the
Clerk and Master then satisfied the
| Judgment on bis execution docket, and
directed the Sheriff to note the pay
ment on the & Is, which was done IN
the form Of a return. The two years
allowed by statute for the redemption
Of real estate having expiled without
an effort on the part Of the Stokes
to redeem, King took a Sheriff
deed and instituted action Of eject.
ment for possession OF the house anc
lot.
/ Held-The constitution which con-
fers the homestead exemption OF $l00(
upon the head OF a family is silent al
to the manner Of ascertaining tn,
physical limits or boundaries Of the
real estate to which the exemption
shall attach, and contains no provision
for the case where the property exceeds
$1,000 in value, and is indivisible
These matters Of detail are provided
for By act OF Assembly OF 1870, car
. ried into the Code at 2ll6a anC
| eliza. The last section is now pre-
sented for construction and applica'
r ton.
E Homestead laws exist in many O
: the States. They are not 10 deroea
ton Of the common law and, there
fore, are not within the familiar rull
0 requiring a strict construction. The
I are consOnant with that law By vhici
I a creditor could not subject debtor
= land to sale for the payment of debt
e 1t might rather be said that any Law
impairlDg the rights OF homestead j
a in derogation Of the common law. an,
directly within the rule Of construc
e ton mentioned.
Il In view OF the benefits TO the Stat
y and to the individual, growing out Q
o the homestead laws, the courts con
y strue them literally 80 as to carry GU
the intention Of the lawmakers: an
It from the wise policy of these laws an
IS the peculiar favor with which they ar
| regarded by the courts may be az
d duced another general rule:-that |
make an operative conveyance OF th
homestead, the mode pointed out b
law for its alienation must be strict
y pursued.
y A sale Of land by an officer witbor
: assigning the debtor a bomestea,
= where the right exists and the HON,
= stead may form the nature Of the prol
q erty to be set apart, is void and cor
:, fers no right or interest therein upc
y the purchaser,
. When the family status warrants Il
" claim, and the right is once vested
q continues until the death Of the CLAIM
e ant, or abandonment Of voluntal
= alienation. The permanent object
:, TO secure a continuous home Tor II
IL family. The constitutional right mu
n be preserved inviolate 80 long as tbei
II is family for it to protect. Ii NAV i
se transferred under the statute from OF
~ locality or from one piece Of properl
- to another, but the procedure
y which the transaction is made mu
u be SO hedged about by safeguards AZ
W prevent its Impairment or suspepsioI
y ANY other construction OF the statut,
" ~ provision would make it obnoxio,
y to the Constitution and therefore
- nullity. 1t follows that the Shefi
CT must sell tine land for cash. He mn
pay the sum Of $1,000 Of the procee,
t. the Clerk, must invest the sam
10 under the direction Of court, in Dc
be homestead, before the purchaser o.
r IN any way force the debtor 70 surrel
b der the old one.
le When the law forces the family
y take last farewell OF the old HON
II stead, its compromising finger mu
b. point TO a new one; when the riRht
~ one ends the right TO the 9th,
IS must begin. Neither the machineI
u Of the law nor the acts OF las office
re will be allowed to extinguish III
20 To be sure courts never presu m
10 that officers will discharge their fu
st duty nevertheless, when rights AZ
lie predlcated on their acts, those aoI
lie must appear to have been in conform
* NY to law. This is particularly tru
ID when the fidelity Of the officer ms
D utterly annihilate SO sacred a right ,
II the homestead exemption.
(. hing, the purchaser. acquierd n
II tltle as against the homestead RIGHT ,
T. stokes. Tie Circuit Judge wbo 49,
l. the case without the intervention Of
re jury, having held otherwise. an
70 awarded writ OF possession, the iudg
le ment should be reversed and tho AMI
d dismissed. '"' 'u'
: A ssSO,OOO Dry Goods Failure
81 NEW YORK, October l5.-The DR.
/ Goods Commercial Agency renor
\ hyams Bros. large firm of n,
4