Ex parte Carraway

Citations

• 28 S.C. 233
• 5 S.E. 597
• 1888 S.C. LEXIS 41

Syllabus

<p>1. Parties entitled to homestead may demand and receive the same out of their share of the proceeds of land, sold for partition.</p> <p>2. Land was sold in a cause to which mortgagees and junior judgment creditors were parties, and by consent of parties, the mortgages were satisfied out of the proceeds of sale. After this, the owners of the land made application for homestead, which was resisted by the judgment creditors. Held, that the claim of homestead should have been allowed; that the equitable two-fund doctrine was inapplicable to these satisfied mortgages; and that the judgment creditors were not subrogated to the rights of the mortgagees.</p> <p>3. This case distinguished from State Savings Bank of Anderson vi Harbin; 18 S. O., 425, and Ex parte Kurz, 24 Id., 468, approved and followed.</p>