Nance v. Hill

Citations

• 26 S.C. 227
• 1 S.E. 897
• 1887 S.C. LEXIS 31

Syllabus

<p>1. A levy is not a condition precedent to an application for a homestead.</p> <p>2. A debtor is entitled to a homestead whether he lives on the land claimed or not. Swandale v. Swandale, 25 S. O., 389, approved.</p> <p>3. A homestead cannot be assigned to a debtor out of his undivided interest in land held in joint tenancy. Until partition made, the application for homestead is premature; but the court may restrain a sale of his interest under execution until partition is made, when he will be entitled to demand an assignment!</p> <p>4. In the absence of evidence to the contrary, the court will assume the correctness of the statements contained in the sheriff’s notice and the appraisers’ return, as to the appointment of the appraisers and their qualification.</p>