A. D. 1912.

217; Richardson v. Inglesby, 13 Rich. Eq., 59. Nor does it authorize suc cessor to sue for difference in price between first and second sale.-Underwood v. Jacobs, 3 McC., 447. Whether resale is made by proper officer can be made by first bidder when sued for difference in bids.-Childs v. Fran 15 S. C., 612. Subsequent judgment creditor cannot complain of Sherif neglect to bind bidder by resale within time required.-State v. Yongue, ( Rich., 323. Where first bidder is insolvent and Sheriff fails to so bind tim and resells for less than his bid, the execution is not satisfied to extent of bid. Lewis v. Richardson, 6 Rich., 382. Where debtor consents to postpose resale, Sheriff is not liable for difference in bids.-State v. Yongue. 9 Rich 443. So where judgment creditor consents.-State v. Yongue, 10 Rich., 448 Generally as to Act 1839.-Connor v. Archer, 1 Speer, 89; Yongue v. Cath cart, 2 Strob., 221. Formalities required are intended for benefit of parties interested, and may be waived by their common consent.-O'Bannon v. Kirkland, 2 Strob., 29; Lewis v. Brown, 4 Strob., 293; Richardson v. Inglesi, 13 Rich. Eq., 59. But direction of judgment creditor alone to deliver prop erty without payment releases the debtor and bid satisfied execution.-Rich ardson v. Inglesby, 13 Rich. Eq., 59. The Statute fixes liability upon highest bidder as a purchaser to extent of difference in bids.-Cox v. Edwards, 8 S. C.,1. Bid by attorney for undisclosed principal.-Long v. McKissick 50 S. C., 218; 27 S. E., 636.

Judgment debtors selling

pay proceeds

such sales

ed: endorse

of convey

ance.

Section 3381. The entire proceeds of a sale or sales of property to property subject to levy and sale, made by the judgment to Sherif: debtors, are to be paid over by said judgment debtors to the when and how Sheriff in whose office such judgments, executions, or decrees are confirmare lodged, to be applied by said Sheriff towards the satisment on deed faction of the same; and, provided no objection shall be made in writing by either of the judgment creditors, and Civ. 02, filed with said Sheriff, as to price at which the property may have been sold, within three months from and after the time such payment shall have been made, the sale or sales shall thereupon be considered confirmed; and the said Sheriff shall make the following endorsement on the back of the deed or deeds of conveyance, viz.: "No objection having been filed in my office to the within bargain and sale within the time prescribed by law, this bargain and sale

2622.

s therefore confirmed;" the same to be dated and signed officially by the said Sheriff.

A. D. 1912,

if judgment

Civ. '02, §

Sec. 3382. Should either of the judgment creditors object Proceedings o the prices at which any of the said property may have creditors obbeen sold, and file such notice with the Sheriff within the ject to sale. ime before mentioned, the Sheriff shall immediately pro- 2623. eed to levy upon and offer for sale said property, proceedng, in all respects, according to the law in regard to levy and sale by the Sheriff; and if the highest bid made for aid property shall not be more than the amount of the ndebtedness which had been cancelled by the sale made by the debtor, the Sheriff shall withdraw said property from sale; and the creditor or creditors who may have filed their objection shall be required to pay all costs and expenses hat accrued in consequence thereof.

on convey

Civ. '02, 2624.

Sec. 3383. The Sheriff shall make the following endorse- Endorsement ment on the back of the conveyance made by the debtor, ance. iz.: "Objection having been filed in my office by udgment creditor, I levied upon and exposed for sale the property within named; and failing to receive a higher id than the amount of indebtedness cancelled by the proeeds of the within bargain and sale, this sale is therefore onfirmed;" and signed as directed in Section 3381 of this Chapter.

brings more

Sec. 3384. In the event that the property, when so exposed Proceedings property sold or sale by the Sheriff, as provided for in Section 3382, by Sheriff hould bring more than the amount of the indebtedness can- than when elled by the proceeds of the sale made by the debtor, the Civ. '02, §

sold by debtor.

urchaser from the debtor shall be refunded the amount 2625.
aid by him, with interest from the time of payment, and
e bargain sale made by the debtor rescinded, and titles
ecuted by the Sheriff to the purchaser at his sale; and,
ter deducting the costs and expenses by reason of the levy
ad sale, the remainder to be applied, according to law,
wards satisfaction of the judgments or executions in his
ice.

A. D. 1912.

Homestead

allowed.

Civ. '02, § 2626.

Section 3385. A homestead in lands, whether held in fæ in lands; what or any lesser estate, to the value of one thousand dollars, or so much thereof as the property is worth if its value is less than one thousand dollars, with the yearly products thereof. shall be exempt to the head of every family residing in this State from attachment, levy or sale, in mesne or final pr cess issued from any Court, upon any judgment obtained upon any right of action arising subsequent to the ratification of the Constitution of the State of South Carolina 1868. And it shall be the duty of the Sheriff or other office: before selling the real estate of any head of a family res dent in this State to cause a homestead as above stated to How set off. be set off to said person in the manner following, to wit:

He shall cause three appraisers to be appointed, one to be named by the creditor, one by the debtor and one by himself. who shall be discreet and disinterested men, in no wise related to either party, and resident in the County, and who shall be sworn by a Magistrate, or other officer authorized by la to administer oaths, to impartially appraise and set off by

metes and bounds a homestead not to exceed in value of thousand dollars. The said appraisers shall make return of their action in the premises under their hands and seals t

the Sheriff or other officer within thirty days after they shall have been appointed as aforesaid, for record in the office of the Clerk of said Court, giving the metes and bounds as well as the value of the homestead set off, for which purpose they shall be authorized to call in the aid of a surveyor if they, or a majority of them, deem it necessary. If no complaint shall be made by either creditor or debtor. within thirty days after the return of the appraisers has been filed, the proceedings in the case shall be final. If exceptions to said return be filed by either creditor or debtor within thirty days after the filing thereof, the same shall be tried de novo upon testimony taken in open Court, and the Court out of which the process issued may, upon good cause being shown, order a reappraisement and reassignment of the homestead by other appraisers appointed by the Court. Should the creditor or debtor neglect or refuse, after ten days' notice from the officer in whose hands the process is lodged, to nominate an appraiser, the said officer shall appoint the same.

Character of homestead.— -It is an absolute exemption, to be perpetuated under certain conditions.-McKeown v. Carroll, 5 S. C., 75; Hardin v. Houze, 18 S. C., 73; Bradford v. Buchanan, 39 S. C., 237; 17 S. E., 501; Ross v. Bradford, 28 S. C., 71; 5 S. E., 84; Mellichamp v. Mellichamp, 28 S. C., 125; 5 S. E., 333; Parr v. Lindler, 40 S. C., 193; 18 S. E., 636. But under the Constitution of 1868, before the amendment of 1880, it could not be claimed if the conditions did not exist or had ceased.--Hardin v. Houze, 18 S. C., 73; Chalmers v. Turnipseed, 21 S. C., 126; Yoe v. Hanvey, 25 S. C., 94. It is not a new estate, nor, prior to the Constitution of 1895, did the right to it destroy the power to alien or encumber the property; but it left the titles intact.-Smith v. Malone, 10 S. C., 39; Bull v. Rowe, 13 S. C., 333; Elliott v. Mackorell, 19 S. C., 239; ex parte Ray, 20 S. C., 246; Youngblood v. Lathen, 20 S. C., 370; Chafee v. Rainey, 21 S. C., 11; Chalmers v. Turnipseed, 21 S. C., 126; Horsford v. Wynn, 22 S. C., 309; Cantrell v. Fowler, 24 S. C., 424; Yoe v. Hanvey, 25 S. C., 309; Kitchen v. McCarley, 26 S. C., 1; 11 S. E., 1099. It does not affect the Statute of Distribution.— Ex parte Ray, 20 S. C., 246. Under Con. 1868, and Acts of 1872 and 1873, it was limited to life of childless widow.-Chalmers v. Turnipseed, 21 S. C., 126. Where husband's fraudulent conveyance is set aside, he is still entitled to homestead in the land.-Wood v. Timmerman, 29 S. C., 125; 7 S. E., 74 Where husband fraudulently has land conveyed to his wife, he paying the purchase money, he cannot claim homestead in it.-Bridges v. Howell, 27 S. C., 425; 3 S. E., 790.

In what lands.-One is entitled to homestead in a tract of land assigned to him in partition.-Riley v. Gaines, 14 S. C., 454. Leased parcels adjoining residence.-Harrell v. Kea, 16 S. E., 42; 37 S. C., 369. Also, in his share of proceeds of land sold for partition.-Swandale v. Swandale, 25 S. C., 389; ex parte Carraway, 28 S. C., 233; 5 S. E., 597. But not in his undivided interest in land itself; though Court may restrain sale thereof until partition is made.-Nance v. Hill, 26 S. C., 227; 1 S. E., 897; Mellichamp v. Mellichamp, 28 S. C., 125; 5 S. E., 333; Ketchin v. Patrick, 32 S. C., 443; 11 S. E., 301. One holding land under contract to purchase has no homestead

A. D. 1912,

A. D. 1912.

therein. Garaty v. DuBose, 5 S. C., 493; Bradley v. Rodlesperger, 17 8. C.
9; Agnew v. Adams, 17 S. C., 364. Unless he has paid the whole purchase
money. Munro v. Jeter, 24 S. C., 29; ex parte Kurz, 24 S. C., 468. Under
amendment to Constitution in 1882, head of family is entitled to homestead
in any land he may own, whether he reside on it or not.-Swandale v.
Swandale, 25 S. C., 389; Nance v. Hill, 26 S. C., 227; 1 S. E., 897. Hus
band not entitled to homestead in lands of wife, who died childless.-Harmen
v. Wagener, 33 S. C., 487; 12 S. E., 98. Head of family-widow is, though
childless.-Bradley v. Rodlesperger, 3 S. C., 206; Moore v. Parker, 13 S. C
486; Bradley v. Rodlesperger, 17 S. C., 9; Yoe v. Hanvey, 25 S. C., &
'Bachelor is not.-Garaty v. DuBose, 5 S. C., 493. Father is, who has child
living with him.-Meyers v. Ham, 20 S. C., 522. Even though child be a
adult married son, living separate from his wife.-Rollings v. Evans, 23 8.
C., 316. Debtor who marries after levy on his land, and before sale, is
entitled to homestead therein.-Ib. Distinction as to personalty.-Pender
v. Lancaster, 14 S. C., 25. A son is, who devotes his earnings and rents
to the support of himself and widowed mother.-Scott v. Moseley. 54 S. C
375; 32 S. E., 450. Widower living with adopted daughter.-Wagener v.
Parrott, 51 S. C., 489; 29 S. E., 240. Single woman, who has dependent
sister living with her, is.-Chamberlain v. Brown, 33 S. C., 597; 11 S. P.,
439. A man is, who continues to support his wife's niece, who lived with
them during wife's life and spends part of her time with him since her death.
-Fant v. Gist, 36 S. C., 576; 15 S. E., 721. Against what debts-The
cases in re Kennedy, 2 S. C., 216; Adams v. Smith, Muller v. Earhart,
Adams v. Lide, 2 S. C., 228; Howze v. Howze, 2 S. C., 229, allowing the
homestead exemption provided by the Constitution of 1868, and the Acts
thereunder against antecedent debts, have been overruled. It is now settled
that such homestead as to antecedent debts is contrary to the Constitution
of the United States, and all proceedings therefor void.-Cochran v. Darby,
5 S. C., 125; ex parte Hewett, 5 S. C., 409; De LaHowe v. Harper, 5 S. C.
470; Bull v. Rowe, 13 S. C., 355; Douglass v. Craig, 13 S. C.. 371; Carri-
gan v. Bozeman, 13 S. C., 376; Charles v. Charles, 13 S. C., 385; Withers
Jenkins, 21 S. C., 365; Hosford v. Wynn, 22 S. C., 309; Ib., 26 S. C., 130;
1 S. E., 497; Compton v. l'atterson, 28 S. C., 115; 5 S. E., 270: Fowler v.
Wood, 31 S. C., 398; 10 S. E., 93. The homestead exemption is gov..ned
by the law in force at the time of the creation of the debt.-Trimmier v.
Winsmith, 41 S. C., 109; 19 S. E., 283; McClenaghan v. McEachern, 47
S. C., 446: 25 S. E., 296. Only allowed debtor against his own debts-Bank
v. Senn, 25 S. C., 572. Not against debts of another.-Wallace v. Johnson.
17 S. C., 454. Nor against a debt due a joint purchaser of land, on account
of his interest therein, and for rents and profits.-Edwards v. Edwards, 14
S. C., 11. Nor against a distress warrant.-Harley v. Weathersbee, 21 8. C.,
243. Widow's homestead in husband's land cannot be sold under judgment on
her individual debt.-Hanford v. Wynn, 22 S. C., 309. As to debt contracted
before amendment of Constitution in 1880, the question of homestead must
be determined by the original Constitution of 1868.-Norton v. Bradham,
21 S. C., 375. Subsequent judgment having no lien on the land cannot com
pel Judgment creditor for purchase money to first exhaust the homestead-
Ex parte Kurz, 24 S. C., 468. Nor so compel senior judgment when, by con-
sent, it has been paid out of other lands without equities reserved.—Shell v.
Young, 32 S. C., 462; 11 S. E., 299. Costs of junior judgment binding bome
stead postponed to senior judgment, not binding.-Bank v. Goodman, 33 8
C., 601; 11 S. E., 785. Not allowed against mortgage.-Shelor v. Mason
2 S. C., 233; Homestead Association v. Enslow, 7 S. C., 1; Rosenberg 1
Lewis, 7 S. C., 344; Smith v. Malone, 10 S. C., 39; City Council v. Caulfield.
19 S. C., 201; Reid v. McGowan, 28 S. C., 74; 5 S. E., 215. But in sur
plus after its satisfaction.-Calmes v. McCracken, 8 S. C., 87. Though subse
quent judgment creditor having lien on the land might, prior to Constitution
of 1895, in equity compel mortgagee to first exhaust the homestead.—Bank
v. Harbin, 18 S. C., 425; Bowen v. Barksdale, 33 S. C., 142; 11 S. E., 640.
But not having such lien, he cannot compel mortgagee to do so.-Ez parti