Ketchin v. McCarley
Supreme Court of South Carolina
Before Wallace and Hudson, JJ., Fairfield, February, 1885, and February, 1886. The appeal in the case first above stated was from the following decree of Judge Wallace: Under this agreed statement of facts, the question is, whether W. W. Ketchin’s right of homestead exemption in this land, while he owned and occupied it, still attaches to the land after he has conveyed it by deed to another.
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Before Wallace and Hudson, JJ., Fairfield, February, 1885, and February, 1886. The appeal in the case first above stated was from the following decree of Judge Wallace: Under this agreed statement of facts, the question is, whether W. W. Ketchin’s right of homestead exemption in this land, while he owned and occupied it, still attaches to the land after he has conveyed it by deed to another. It need not be said that the lien of a judgment upon land is not divested by its sale by the judgment debtor. Our Supreme Court have declared in several cases that the right of the head of a family to…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McIver.
These two cases,' though heard together here, are of such a different character as to require that they shall be considered separately.
The facts out of which the controversy in the first named case arises, are, substantially, as follows: On June 29, 1882, the defendant, John D. McCarley, caused to be filed in the office of the clerk of the Court of Common Pleas for Fairfield County a transcript of a judgment previously obtained by him in a trial justice’s court against William W. Ketchin, on. a cause of action arising since the…
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