Elliott v. Mackorell
Supreme Court of South Carolina
Before Withebspoon, J., Fairfield, September, 1882. The opinion states the case. cited the several homestead1 acts and also the following authorities: Thomp. Homest, §§ 43,. 465, 453, 502; Cooley Const. Dim. 442-449, 352; 3 Blacks. Com. 418 ; Pott. Dioar. 185, 203, 209, 213; 7 8. C. 19; 1 Jones-Mart., §§ 731, 466; 2 Id. 1632; 8 8. C. 49; 11 Id. 30. also cited the homestead statutes- and Tiff. & B. Trusts 354; Smythe Homest, §§ 254, 262; Thomp.
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Before Withebspoon, J., Fairfield, September, 1882. The opinion states the case. cited the several homestead1 acts and also the following authorities: Thomp. Homest, §§ 43,. 465, 453, 502; Cooley Const. Dim. 442-449, 352; 3 Blacks. Com. 418 ; Pott. Dioar. 185, 203, 209, 213; 7 8. C. 19; 1 Jones-Mart., §§ 731, 466; 2 Id. 1632; 8 8. C. 49; 11 Id. 30. also cited the homestead statutes- and Tiff. & B. Trusts 354; Smythe Homest, §§ 254, 262; Thomp. Homest., §§ 470-473; 1 Perry Trusts 452, 460; Lew. Trusts- ■ 138, 802; 2 S. C. 227, 244; 7 Id. 1, 149; Herm. Exec. 120; 36 Am. Pep. 730, note; Freem.…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice MoIver.
On May 9th, 1877, E. J. McCarley • obtained judgment against the defendant, John C. Mackorell, for the sum of $1,136.26, and, under the execution issued to enforce this judgment, the tract of .land which is the subject-matter of the present action was levied on by the sheriff. Appraisers were appointed to set off the homestead of the judgment debtor, who certified that they valued the premises levied upon at the sum of $2,275, and that, in their judgment, the premises could not be divided so as to set off the homestead without injury…
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