Ex parte Brown

Citations

• 37 S.C. 181
• 15 S.E. 926
• 1892 S.C. LEXIS 11

Syllabus

<p>1. Homestead—Circuit Court.—The Circuit. Court is without original jurisdiction in the matter of assignment of homestead, but under exceptions to an assignment made by appraisers appointed by the clerk of court, the Circuit Court may determine the claimant’s right to a homestead, whether the clerk can pass judicially upon this question or not. But it would seem that he cannot.</p> <p>2. Homestead—Widow Owning Lands.—A widow is entitled to a homestead in her deceased husband’s lands, as against his creditors, notwithstanding she and her children respectively possess in their own right real estate of greater value than the homestead exemption.</p>