Fowler v. Wood

Citations

• 31 S.C. 398
• 10 S.E. 93
• 1889 S.C. LEXIS 50

Syllabus

<p>1. An assignment of homestead to a bankrupt by the United States District Court is absolutely void as against then existing judgments based upon debts contracted prior to the constitution of 1868.</p> <p>2. Two judgments were obtained on ante-homestead debts, after which the judgment debtor was adjudged a bankrupt, and had a homestead ' assigned to him by the bankrupt court. Ho then made a payment with his own money on the older judgment, and in consideration therefor this judgment was assigned to him. Afterwards he was discharged in bankruptcy, sold his land to Mrs. S., and assigned to her this judgment. Held, that the older judgment was satisfied, and only the junior judgment remained as a lien.</p>