Kerchner v. Singletary

Citations

• 15 S.C. 535
• 1881 S.C. LEXIS 104

Syllabus

<p>1. An order of a Circuit judge unappealed from is binding in subsequent stages of the same cause. There can be no appeal from one Circuit judge to another.</p> <p>2. The return of appraisers to lay off a homestead was handed to the sheriff, who retained it in his possession for sixteen days, until he received the surveyor’s plat, without which the return was imperfect, when he filed both papers with the clerk of court for record, and within thirty days thereafter the creditors served exceptions. Held, that the exceptions were taken within the time allowed by law.</p> <p>3. Where an assignment of four hundred acres of land as a homestead had been, after trial, set aside as excessive, and new appraisers appointed, who assigned the same land and fifty-four acres additional, without affixing any valuation to such homestead tract, the Circuit judge determined that there was good cause shown against this second return, and ordered a new assignment. Held, that this court could not disturb this conclusion of the Circuit judge.</p> <p>4. An order of the Circuit Court setting aside a return of homestead appraisers and directing a new appraisement, does not exhaust the power given to the court by the statute; this power may properly be exercised more than once when necessary to correct erroneous assignments.</p>