Douglass v. Craig

Citations

• 13 S.C. 371
• 1880 S.C. LEXIS 59

Syllabus

<p>1. An assignment of homestead under an execution in a case where the debt was contracted before the adoption of the constitution of 1868, is void.</p> <p>2. The definition of estoppel in Bull v. Rowe, (7) ante p. 355, approved.</p> <p>3. Judgments were obtained upon debts contracted before 1868; and the lands of the debtor were levied upon in 1872 in the possession of his administratrix and widow, who claimed a homestead ; the homestead was admeasured to her, and the remainder of the lands were sold, and the proceeds applied to the executions in these cases; but the assignment of the homestead was not returned to the clerlds office until 1878, during which interval, these execution creditors were quiescent. Held, that they were not estopped from subjecting this homestead to levy and sale under their executions.</p>