Savannah Guano Co. v. Sanders
Supreme Court of South Carolina
Before Bowman, J., Allendale, February term, 1920. Action by the Savannah Guano Company against T. O. Sanders and Annie D. Sanders. Judgment for plaintiff. From an order sustaining the exceptions of the hummus Cotton Gin Company to proceedings to set off defendants’ homestead, defendants appeal. cites: Sec. 3711, 1 Civ. Code 1912, requires return of appraisers to be filed with the Sheriff, and Sec. 3712 gives debtor the right to have it recorded.
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Before Bowman, J., Allendale, February term, 1920. Action by the Savannah Guano Company against T. O. Sanders and Annie D. Sanders. Judgment for plaintiff. From an order sustaining the exceptions of the hummus Cotton Gin Company to proceedings to set off defendants’ homestead, defendants appeal. cites: Sec. 3711, 1 Civ. Code 1912, requires return of appraisers to be filed with the Sheriff, and Sec. 3712 gives debtor the right to have it recorded. Notice to creditors regulated: 108 S. C. 329-In 7 S. C. 171 and 7 S. C. 149 assignment had not been returned to the Sheriff. Only necessary that…
1Dissent
Mr. Justice Cothran :
I do not concur in the affirmance of the order appealed from in this case, and think that .it should be reversed.
At the risk of unnecessary repetition, in order that my position may be clearly understood, I will restate the basic facts of this controversy. The Savannah Guano Company obtained a judgment against the defendants, Sanders, on January 4, 1916, issued execution, and lodged it with the Sheriff. The Lummus Cotton Gin Company did likewise, their judgment being dated April 10, 1917, but no execution was issued thereupon. In July, 1917, the Sheriff, acting under…
2Cases cited3 opinions
- Wilson v. StandeferSupreme Court of the United States · 1902
- Nixon Grocery Co. v. SpannSupreme Court of South Carolina · 1917
- Wylie v. McFaddenSupreme Court of South Carolina · 1902