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Gunn v. Barry U.S. 610 (1873)

handle is hein.slavery/ussccases0472 and id is 1 raw text is: Syllabus. the lease, and that said privilege attached to the proceeds of said property in the hands of the syndic. The plea of prescription cannot be sustained in this case, iuasmuch as the bill was filed in Februai'y, 1867; and we have lately held, in the case of Adger v. Alston,* that all statutes of prescription and limitation were suspended, at least in the Federal courts, during the period of the late civil war, which was not solenily determined in Louisiana until the President's proclamation of April 2d, 1866. DECREE AFFIRMED. GUNN V. BARRY. An exemption law of Georgia, passed several years ago, exempted from execution in favor of each head of a family, fifty acres of land, and five additional ones for each of his children under the age of 16 years, the land to include the dwelling-house and improvements if the same do not exceed $200, and exempted many other things, chiefly house- hold furniture, wearing apparel, books, family portraits, &c.; the value of which was not limited, and which might vary with different debtors and their families. With that law in force A. obtained a judgment for $531 against 13., who had 272 acres of land, worth $1300, and had no other property but land worth $100, from which the judgment could be satisfied. In this state of things Georgia having passed an ordinance of secession, withdrew her senators and representatives from the Congress of the United States, and went into the rebellion. The rebellion being suppressed, but Georgia not being allowed by Congress yet to send sena- tors and representatives to its sessions, Congress passed what was known as the Reconstruction Act. This act reciting that no legal State gov- ernment or adequate protection for life or property now existed in the rebel State of Georgia, authorized the said State to make a constitu- tion, which being submitted to Congress and approved by it, the State was to be entitled to representation. The people of the State did accord- ingly make a new constitution and submit it to Congress. This new constitution provided that each head of a family should be entitled to a homestead of realty to the value of $2000 in specie, and personal prop- erty to the value of $1000 in specie, to be valued at the time they are set apart; and ordained further that- No court or ministerial officer in the State shall ever have jurisdiction or * Supra, p. 555. GUNN v. BARR Y. [Sup. Ct.

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