The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1886-03-31


Gave it as Sam Jones' opinion that those who
claimed the homestead and were agents for
their wives and boarded with them, were des-
tined to climate Of warmer temperature than
this latitude. That he agreed with the essay
list and thought the homestead and lien laws
should be repealed.
Mr.. A. W. SMITH
thought that the essayist had taken the cor
rect view.
NIB. s. C. CAsON
said that in his opinion the homestead law was
both demuralizing and unjust. 1t was wrong
for Il man to be able to claim the exemption OF
his property from honest debt contracted. 1t
lowered the sense of ones obligation to pay
his debts A debtor could not claim home
stead against the purchase money-this it
was thought by the law making power to be
inequitabe yet he could have his exemption
against a debt contracted for the meat and
corn and clothes used in enjoying the home.
stead, without which homestead would be OF
little use. There is no justice in such dis
elimination against creditors. Under the.de-
cisions of the Supreme Court creditor may
nstran for rent and the renter could not
claim homestead exemption if he put his debt
for rent, however, into Judgment, and sought
to sell the same property under the Judgment,
which he could Fave sold under his distress
procedure, he will be met BY successful
claim of homestead. This on the ground that
the one was a process and the other was not.
There was no justice in this. a man could
mortgage his homestead for loan OF money,
and i; could be sold to pay the money loaned !;
if he had given note for the same money,
without a mortgage, he could claim his home
stead Such distinction could not be made on
any moral ground. 1t was notorious that
much more was set off to the debtor than he
was entitled to. He would often select as his
commissioner some one whe had claimed the
benefit, or was debtor and expected to claim
the benefit, and then bad law was made
worse. 1t should be repealed and the lien law
with it..
MR.. l.. ". PERRIN
was in favor of the homestead and lien laws.
He thought that If man made an honest tail
ure his property as a homestead should De
withheld from the creditors and the debtor al
lowed to have home for his family. That
the abuse of the homestead law was no argu-
ment against it and was caused by the demor-
alzation of the times. Did not think 1t was
morally wrong for man to claim homestead,
and the creditor knew when dealing with his
debtor that the latter had the right to claim his
homestead and therefore there was no lnlposl-
tion. He thought the lien law was sary
for the protection of a certain class of our cit
izcns who could not get credit without it: That
it was cheap security and was such as afforded
ii ready relief That it could not be sale that
the lien law had brought about such bad results
as was attributed to it. 1t was law that the
people could take advantage of or not, as they
saw fit, and was not forced on them. That
merchant at Prosperity stated to him that the
lien law was not much in vogue there that
they only charged their customers ten per
cent. above cash price and issued to them theiI
checks which was the same as cash. That
they had succeeded we'll there. The essayist
thought this fact was an argument in his tav-