Ex parte Beaty

• Decision Date: 30 June 1917
• Docket Number: 9715.
• Citation: 92 S.E. 1052,107 S.C. 364
• Parties: EX PARTE BEATY ET AL. v. BEATY. ZONE OIL CO. ET AL.
• Court: South Carolina Supreme Court

92 S.E. 1052

107 S.C. 364

EX PARTE BEATY ET AL.

ZONE OIL CO. ET AL. v. BEATY.

No. 9715.

Supreme Court of South Carolina

June 30, 1917

Appeal from Common Pleas Circuit Court of Union County; John S Wilson, Judge.

Action by the Zone Oil Company and others against Sue F. Beaty. On petition by Mrs. Sue F. Beaty and another to restrain a judicial sale. From an order granting the injunction, the Zone Oil Company and others appeal. Order modified and affirmed.

The chambers order of Judge Wilson, referred to in the opinion is as follows:

The above stated case was heard before me this 26th day of November, 1915, after hearing arguments for petitioners and respondents. It is ordered, That the sheriff of Union County said state, be enjoined and he hereby is enjoined, from selling the interest of Mrs. W. A. Beaty, one of the petitioners herein on sales day in December next, or at any time thereafter, in the tract of land situate in county of Union, said state, containing 401 acres, more or less, and known as the "Home Tract," levied on as the property of Mrs. W. A. Beaty at the suit of Dr. F. M. Durham Zone Oil Company, and Childs & Edwards, plaintiffs, against Mrs. W. A. Beaty, defendant, and duly advertised for sale by the said sheriff of Union county, state aforesaid.

John K. Hamblin, of Union, for appellants.

J. F. Walker, Jr., and Barron & Barron, all of Union, for respondents.

GAGE J.

Without a long recitation, the record discloses that Mrs. Sue F. Beaty, a widow with children, and her brother, J. D. Crawford, own as tenants in common a parcel of land containing 401 acres. The record is not plain about the shares in which the title is held. One of the affidavits puts the share of Mrs. Beaty less than one-fourth.

Upon the land there are sundry liens: First, there are alleged judgment liens of Zone Oil Company, of F. M. Durham, and Childs and Edwards; and, second, there are mortgages aggregating $4,200 in round figures.

The judgment creditors proceeded to levy on and advertise for sale the undivided title of Mrs. Beaty in order to satisfy their alleged liens.

On motion of Mrs. Beaty made before Hon. John S. Wilson, circuit judge, at his chambers, Judge Wilson made an order permanently enjoining those judgment creditors from their procedure. (The order will be reported.) This appeal is from that order: (1) Because Mrs. Beaty "is not entitled to a homestead in land owned as tenant in common"; (2) because "homestead cannot be allotted in lands where the land cannot be set off by metes and bounds"; (3) because "the judgments * * * are senior liens on the interest of Sue Beaty and prior liens to any mortgage." The order is not challenged...