Jett v. Securities Investment Co.

The plaintiff’s title is based on an assignment of a homestead exemption. If the assignment is made valid and certain by the setting apart of a homestead it becomes a sale. It is elementary that the identification of the thing sold is essential to a valid contract of sale. Code § 96-101. The assignment in this case was of a sufficient amount of the property set apart as a homestead as would be necessary to pay the plaintiff’s debt. Obviously the only event which could possibly make such a description of the property assigned certain and definite would be the setting apart of exactly enough…