Carolina Savings Bank v. Evans
Supreme Court of South Carolina
This was an appeal from the following decree : -• Plaintiff in the above entitled execution filed exceptions, at a former term of court for Marion County, to the report of commissioners appointed to admeasure a homestead to the defendant, William T. Evans.
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This was an appeal from the following decree : -• Plaintiff in the above entitled execution filed exceptions, at a former term of court for Marion County, to the report of commissioners appointed to admeasure a homestead to the defendant, William T. Evans. Upon hearing said exceptions, Judge Cothran ordered that said report be set aside and annulled, and on the 15th day of October, 1886, by order, appointed Duncan-Murchison, W. W. Hamilton, and J. D. Montgomery appraisers to set apart and admeasure to the said Wm. T. Evans a homestead in land and personal property. Said order directed that…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
The main question involved in this appeal is whether the return of two out of the three appraisers appointed, under section 1994 of General Statutes, to set off the homestead of defendant, Evans, is legal and valid. All of the appraisers acted together and two of them united in the return, while the third made a separate return, concurring with the other two as to the personal property, but dissenting from their judgment in relation to the real estate.
At common law the general rule was thus stated by Eyre, C. J., in Grindley v.…
2Cases cited2 opinions
- People Ex Rel. Washington v. . NicholsNew York Court of Appeals · 1873
- First National Bank v. Town of Mount TaborSupreme Court of Vermont · 1879
3Cited by3 opinions
- Kaufman v. CarterSupreme Court of South Carolina · 1903
- Palmetto Lumber Co. v. Southern Ry.Supreme Court of South Carolina · 1929
- Roberts v. RobertsSupreme Court of Alabama · 1955