Carrigan v. Bozeman

Citations

• 13 S.C. 376
• 1880 S.C. LEXIS 60

Syllabus

<p>1. Tbe assignment of homestead as against a debt contracted before the adoption of the constitution of 1868, is without authority and void, and may be disregarded as a nullity whenever that fact appears in any proceeding direct or collateral. Bull v. Rowe, ante p. 355.</p> <p>2. A debtor having had assigned to him a homestead which was invalid as against a certain judgment under which it was afterwards sold, the purchaser is not estopped from denying the validity as to him of the homestead assignment, because, that in his deed from the sheriff, the properly is described as “ the land set off to defendant as a homestead.”</p> <p>3. Where only questions of law are involved, the judge may direct a verdict.</p>