Ex parte Kurz

Citations

• 24 S.C. 468
• 1886 S.C. LEXIS 64

Syllabus

<p>]. It is not necessary that exceptions to the right of homestead, in order to be considered, should be filed within the time designated in the master’s published notice, or, indeed, before the return of the appraisers.</p> <p>2. A person in possession of land under a contract to purchase, is entitled, after the payment in full of the purchase money, to claim his homestead therein, even though he may not have acquired a formal legal title.</p> <p>3. Where a creditor has a judgment against his debtor under a contract to purchase, for the sale of so much of the land as may be sufficient to pay the debt “with due regard to the interests of the parties concerned,” and the land is a single tract, all of which, outside of enough to make a homestead, is sold, -under another proceeding, for a sum sufficient to pay said debt, other judgment creditors with no lien on this land cannot require the vendor first to exhaust this homestead so that the proceeds of sale of the part not assigned- may be applied to their judgments.</p> <p>4. This case distinguished from Savings Bank v. Harbin, 18 S. O., 425.</p>