Cochran v. Darcy
Supreme Court of South Carolina
Before GRAHAM, J., at Charleston, August, 1873. Cochraa held two judgments against Darcy, recovered in June and October, 1872, on contracts made between the parties in December, 1867. ' The Sheriff refused to enforce the executions by sale of a house and lot in Charleston, where Darcy resided, and which he claimed as his homestead, he being the head of a family, and this was a rule on the Sheriff to compel him to enforce them. His Honor held, under the authority of In Re.
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Before GRAHAM, J., at Charleston, August, 1873. Cochraa held two judgments against Darcy, recovered in June and October, 1872, on contracts made between the parties in December, 1867. ' The Sheriff refused to enforce the executions by sale of a house and lot in Charleston, where Darcy resided, and which he claimed as his homestead, he being the head of a family, and this was a rule on the Sheriff to compel him to enforce them. His Honor held, under the authority of In Re. Kennedy, 2 S. C., 216, that the homestead was exempt from levy‘and sale, and dismissed the rule. Cochran appealed. relied…
1Opinion of the Court
The opinion of the Court was delivered by
Moses, C. J.
These cases involve the judgment of this Court—In Re. Kennedy, 2 S. C., 216—and seek to reverse it, under the authority of Gunn vs. Barry, decided by the Supreme Court of the United States, at December Term, 1872, 15 Wallace, 610.
It is true, as submitted by the respondent, that, in Gunn vs. Barry, the question directly made was as to the effect of a homestead exemption on a judgment obtained before its allowance by the Constitution and Act of the General Assembly of the State of Georgia, still it is so apparent that, in the view of the…
2Cited by2 opinions
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- Ex Parte GoldsmithSupreme Court of South Carolina · 1904