Rollings v. Evans

Citations

• 23 S.C. 316
• 1885 S.C. LEXIS 107

Syllabus

<p>1. Judgment was obtained against a married man, after which his wife died, leaving no one residing with him except an adult married son, whose wife was living apart from her husband. Levy was then made, and a homestead and chattel exemption laid oif, to both of which exceptions wore taken by the creditors. Pending these exceptions, the debtor again married. Held, that the defendant was “the head of a family” at the date of the levy and was therefore entitled to both homestead and chattel exemption.</p> <p>2. Moreover, the debtor, at the hearing below, was entitled to his homestead as the head of a family by virtue of his second marriage before sale had, even if not such head at the time of the levy previously made.</p> <p>3. The finding of the Circuit Judge, that the homestead laid off was not excessive, affirmed.</p>