People's Bank v. Brice

Citations

• 47 S.C. 134
• 24 S.E. 1038
• 1896 S.C. LEXIS 97

Syllabus

<p>1. Two-Bund — Equity—Mortgage—Judgment—Homestead.—Under the Constitution of 3868, under tlie two-fund rule, a junior judgment creditor has the riglit to compel a senior mortgagee to first exhaust the homestead, and that, too, when the judgment debtor has other lands' than those covered by the mortgage.</p> <p>2. Homestead — Jurisdiction.-—The mode of setting off homestead is exclusive, and the Circuit Court has no original jurisdiction to set off a homestead, but may adjudicate the right of a party to a homestead in a proceeding already properly before the Court.</p> <p>8. Homestead. — It is not proper to adjudicate the right of defendant to homestead in this case.</p>