Adams v. Agnew

Citations

• 15 S.C. 36
• 1881 S.C. LEXIS 51

Syllabus

<p>1. A being indebted to B for balance on bond of long standing, given for the-purchase money of land, B, in May, 1868, accepted a new bond from A and sued it to judgment, but obtained no endorsement of a certificate that the judgment was based upon an obligation for the purchase of the land. Meld, that the judgment was founded-upon the new bond, and that, under-the' constitution of April, 1868, A was entitled to his homestead exemption in such land as against this judgment.</p> <p>2. A judgment taken by default before the clerk of the court since the act of' November 25th, 1873, amending the code, is absolutely void; nor will it be made valid by the refusal of ex parte motions afterwards made (1) by the plaintiff to docket and take judgment in open court, and (2) by junior judgment creditors to vacate; or even, it seems, by a decree declaring the judgment valid in an action brought by other judgment creditors to set it aside, to which action the judgment defendant was a party and -did not appeal.</p> <p>3. An assignment of homestead, together with an accompanying plat referred to for a description by metes and bounds, was returned in due time to the proper officer, who recorded the assignment but not the plat, which was put into a drawer in his office. The judgment creditors knew of the assignment and that defendant was living on the .land, claiming it as his homestead. Meld, that the defendant was entitled to his homestead so laid off and assigned.</p>