Compton v. Patterson

Citations

• 28 S.C. 115
• 5 S.E. 270
• 1888 S.C. LEXIS 21

Syllabus

<p>1. A new note was taken for a smaller sum in compromise of tlie amount due on an old note, and the old note was surrendered. Held, that the now note was payment and that the old debt was extinguished.</p> <p>2. If homestead be set off to a debtor, his creditor, holding a debt antedating the homestead law, has a plain and adequate legal remedy by levy and sale, and therefore cannot resort to a proceeding in equity to vacate the homestead proceedings.</p>