(after stating the above facts.)
1. The constitution of 1868 declares that each head of a family shall be entitled to a homestead of realty to the value of $2,000 in specie, to be valued at the time it is set apart; and no court or ministerial officer in this State shall ever have jurisdiction or authority to enforce any judgment, decree or execution against it, except for taxes, money borrowed and expended in improvement of the. homestead, or for the purchase money of the same, and for labor done thereon or material furnished therefor, or removal of encumbrances thereon; and the General Assembly is charged with the enactment of laws for the full and complete protection and security of the same for the sole use and benefit of the family. In this constitution there is no provision whatever for making sale of the homestead, but the constitution of 1877 provides that parties who have taken a homestead under the constitution of 1868, shall have the right to sell the same by order of the judge of the superior court.
JS(o order having been obtained, it follows that if the
As to the nature of the homestead right, and title to the homestead property, see Van Horn vs. McNeill, last term, (79 Ga. 121, ) and Nelson vs. Commercial Bank, this term (ante, p. 328.)
2. It was suggested in argument that, though the sale of the homestead might be ineffectual, the purchaser might take possession, and by holding it a sufficient length of time, the creditor would be barred from levying his execution upon it. There is no danger of this; because so long as the law itself holds _oifthe creditor, he is not in laches
Then, and not till then, will time begin to run as against his right to levy.
Judgment affirmed.