Gray, Sullivan & Gray v. Putnam

Citations

• 51 S.C. 97
• 28 S.E. 149
• 1897 S.C. LEXIS 61

Syllabus

<p>1. Homestead — Court oe Common Peeas has no original jurisdiction to set off homestead, but has jurisdiction to adjudicate the right of homestead in a proceeding otherwise properly before it.</p> <p>2. Findings oe Pact by a Circuit Judge on an appeal from a return of appraisers, in setting off homestead, are final, and cannot be reviewed by this Court.</p> <p>3. Homestead. — A plaintiff has a homestead in money paid to the sheriff on his execution, and the sheriff cannot defeat this right by paying the funds on an execution against such plaintiff.</p> <p>4. Ibid. — A judgment debtor has a homestead in money if the head of a family at time of levy.</p> <p>5. Ibid. — Waiver.—The right to homestead is not waived by failure to demand it.</p> <p>6. Execution — Debtor—Sheriee.—An execution debtor cannot direct the application of funds paid on execution, under sec. 313 of Code.</p>