Choice v. Charles
Supreme Court of South Carolina
On the first day of February, 1867, William Choice, the respondent, recovered judgment in the Court of Common Pleas for Green-ville County against John Charles, the appellant. Subsequently one A. M. Hamilton also recovered judgment in the same Court against Charles, and under this latter judgment the “Home Place’ of the appellant, “including dwelling house, out-house and appurtenances,” was assignee) to him as a homestead, exempt from levy and sale under execution.
Read the full summary
On the first day of February, 1867, William Choice, the respondent, recovered judgment in the Court of Common Pleas for Green-ville County against John Charles, the appellant. Subsequently one A. M. Hamilton also recovered judgment in the same Court against Charles, and under this latter judgment the “Home Place’ of the appellant, “including dwelling house, out-house and appurtenances,” was assignee) to him as a homestead, exempt from levy and sale under execution. The assignment was made in January? 1870, but was not returned for record in Court. This was a rule upon the Sheriff to show…
1Opinion of the Court
The opinion of the Court was delivered by
Moses, C. J.
It appears from the brief that the appellant seeks an exemption of certain property from liability to levy and sale under the execution of the respondent, Choice, which issued on a judgment obtained February 1, 1867, through an alleged assignment of homestead in January, 1870, on a subsequent judgment in favor of one Hamilton. At that time the only legislation “to enforce the provisions of the Constitution” in relation to the matter of homesteads was that contained in the Act of 1868, which is found in General Statutes, page 475. By this,…
2Cases cited1 opinion
- Gunn v. BarrySupreme Court of the United States · 1873
3Cited by1 opinion
- Savannah Guano Co. v. SandersSupreme Court of South Carolina · 1921