Riley v. Gaines

Citations

• 14 S.C. 454
• 1881 S.C. LEXIS 12

Syllabus

<p>1. The lien of a judgment upon the share of a joint tenant is subordinate to the right of his co-tenants to have partition made; and, after partition, the lien is transferred to the interest of the judgment debtor in the land assigned to him, or in the proceeds of the sale.</p> <p>2. One tract in severalty being assigned under partition proceedings to one of the tenants, he is entitled to a homestead in such tract, as against a judgment then having a lien upon his real estate.</p> <p>3. In the absence of evidence upon the subject, it must be assumed that the commissioners in partition acted impartially towards all parties interested.</p> <p>4. Lands cultivated by a judgment debtor, adjoining the tract upon which he resides, with his mother, may properly be assigned to him as a homestead exemption.</p>