Legal Opinion

Hallman v. George

Supreme Court of South Carolina

Decided February 7, 1905PublishedCited by 1 opinion

Before Gary, J., Lexington, April, 1904. Petition for mandamus by D. J. Hallman against Samuel B. George, as clerk of the Court. The Circuit decree is as follows: “In this proceeding, the petitioner, D. J. Hallman, seeks a writ of mandamus requiring the clerk of this Court to set off to him1 as the head of a family, a homestead in lands ordered to' be sold by the said clerk.

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Before Gary, J., Lexington, April, 1904. Petition for mandamus by D. J. Hallman against Samuel B. George, as clerk of the Court. The Circuit decree is as follows: “In this proceeding, the petitioner, D. J. Hallman, seeks a writ of mandamus requiring the clerk of this Court to set off to him1 as the head of a family, a homestead in lands ordered to' be sold by the said clerk. “The petition alleges that in 1903, the heirs at law commenced an action against him for possession of a tract of land therein described. To' that suit the petitioner set up> among other defenses, that the deed to' J. H.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an appeal from a judgment ordering that a writ of mandamus do' issue commanding Samuel B. George, as clerk of the Court, to1 set apart to the petitioner a homestead in the lands described in the petition, as provided by the statute. The facts are fully set out in said judgment. Samuel B. George, as clerk of the Court, appealed upon several exceptions.

1 After D. J. Hallman executed the deed to J. H. Lewie, to secure the payment of a certain sum of money, he became further indebted to the said J. H. Lewie. The heirs of J. H.…

2Cases cited1 opinion

  1. Culler v. CrimSupreme Court of South Carolina · 1898

3Cited by1 opinion

  1. Rookard v. Atlanta & Charlotte Air Line Ry.Supreme Court of South Carolina · 1911

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