Calhoun v. Williams
Supreme Court of Virginia
This was a suit in equity in the circuit court of Smytlie county brought by Rufus M. Williams against John C. Calhoun, to subject the land of Calhoun to satisfy a judgment for $115, with interest from the 16th of November, 1874, and costs $7.20, which had been rendered in said court on the 3d of October, 1875. The only defence set up by Calhoun, was that he had by a deed dated the 6th> of March, 1875, set apart his land, valued by him at $1,650, and certain personal property…
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This was a suit in equity in the circuit court of Smytlie county brought by Rufus M. Williams against John C. Calhoun, to subject the land of Calhoun to satisfy a judgment for $115, with interest from the 16th of November, 1874, and costs $7.20, which had been rendered in said court on the 3d of October, 1875. The only defence set up by Calhoun, was that he had by a deed dated the 6th> of March, 1875, set apart his land, valued by him at $1,650, and certain personal property valued at $30, as his homestead exemption; and the only question in the ease was, as to his right to a homestead…
1Opinion of the CourtAnderson, J.
The homestead article of the constitution of Virginia has been judicially construed, both by the federal and state courts, to confer a personal privilege upon the “householder or head of a family”; and the question, and only question, in this case is, Is the appellant, who claims the benefit of this provision of the constitution, a householder or head of a family? This provision was not made for all persons who are residents of the state, but for a particular class of persons; otherwise it would not be limited to a “ householder or head of a family.” Who are embraced in that description?…
2Cases cited1 opinion
- Shipe, Cloud & Co. v. RepassSupreme Court of Virginia · 1877
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