Spigener v. Crews
Supreme Court of South Carolina
Before Townsend, J., at chambers, Columbia, S. C., May 4, 1918. Application by the Gregory-Conder Mule Company, in the partition case of Robert Spigener and others against L/ucile Crews and others, to have certain funds in the hands of the master for Richland county resulting from the sale of lands applied to the payment of a judgment. From an order requiring the master to pay the moneys over to -petitioner, James M. Green and others appeal.
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Before Townsend, J., at chambers, Columbia, S. C., May 4, 1918. Application by the Gregory-Conder Mule Company, in the partition case of Robert Spigener and others against L/ucile Crews and others, to have certain funds in the hands of the master for Richland county resulting from the sale of lands applied to the payment of a judgment. From an order requiring the master to pay the moneys over to -petitioner, James M. Green and others appeal. The following is the order appealed from: Order for Disbursement of Funds. This is an application by the Gregory-Conder Mule Company, a judgment creditor…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chirr Justice Gary.
This case involves the right of homestead. The facts, are stated in the order of his Honor, the Circuit Judge, who denied such right.
The only case sustaining his ruling is Yoe v. Hanvey, 25 S. C. 94, which was overruled in Ex parte Worley, 54 S. C. 208, 32 S. E. 307, 71 Am. St. Rep. 783. In the last mentioned case the Court announced that the correct view upon the subject was expressed by Mr. Chief Justice McIver in Yoe v. Hanvey, supra.
Reversed.
2Cases cited1 opinion
- Ex parte WorleySupreme Court of South Carolina · 1899