Stewart v. Blalock

Citations

• 45 S.C. 61
• 22 S.E. 774
• 1895 S.C. LEXIS 21

Syllabus

<p>1. Homestead. — A widow has a one-third interest in fee, under statute of distributions, in a homestead, set apart to her and her children, out of the real estate of her deceased husband.</p> <p>2. Ibid. — The right of homestead must be governed by the law in force at the time the debt, to the payment of which it is sought to be subjected, was created.</p> <p>3. Ibid. — Since the amendment of the Constitution in 1880, and the act of 1880, 17 Stat., 513, the homestead of the debtor is forever freed from debts contracted since that time.</p> <p>4. Limitations. — An action by a creditor to subject the real estate of a decedent to the payment of his debt, after the same has been bona fide aliened by the heir, is barred by 3 and 4 W. & M.</p> <p>5. Alienation — Foreclosure.—Real estate sold under foreclosure proceedings, by order of Court, is a bona fide alienation.</p> <p>6. Interest of Mortgagor — Alienation.—Mortgage purporting to cover the whole land, followed by sale for foreclosure, operates as a valid alienation only of the interest of the mortgagor.</p>