Cunningham v. United States Savings & Loan Co.

Anna O. Cunningham presented to the ordinary of Fulton county her petition to have set apart to her as a homestead certain lands belonging to petitioner. At the hearing of this application the defendants in error, her creditors, demurred to the petition. This demurrer the ordinary sustained, and from the judgment dismissing her application petitioner appealed to the superior court. When the case was called for a hearing in the superior court, counsel for defendants in error moved that the case be dismissed, on the ground that an appeal would not lie from the judgment of the ordinary…