City Bank v. Smisson
Supreme Court of Georgia
Homestead. Constitutional Law. Public Policy. Yen. dor and Purchaser. Levy and Sale. .Notice. Before Judge Simmons. Crawford Superior Court. March Term, 1884. • This was a claim case submitted to the presiding judge upon an agreed statement of facts, which showed, in brief, as follows : In February, 1S77, Bryant, as head of a family, consisting of his wife and minor children, had set aside to him a homestead in certain property in Crawford county.
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Homestead. Constitutional Law. Public Policy. Yen. dor and Purchaser. Levy and Sale. .Notice. Before Judge Simmons. Crawford Superior Court. March Term, 1884. • This was a claim case submitted to the presiding judge upon an agreed statement of facts, which showed, in brief, as follows : In February, 1S77, Bryant, as head of a family, consisting of his wife and minor children, had set aside to him a homestead in certain property in Crawford county. In March, 1878, the City Bank of Macon obtained a judgment against him. In November, 1883, Bryant procured an order from the judge of the superior…
1Opinion of the Court
Jackson, Chief Justice.
The City Bank of Macon levied a fi.fa. on the reversionary interest of D. W. Bryant on a tract of land set apart as a homestead. It was claimed by B. T. Smisson. On an agreed statement of facts, the case was submitted to the presiding judge, who found for claimant, and adjudged accordingly:
1. The controlling legal question made is, when the homestead is sold with a view of removing from the state and re-investing in another state, does the purchaser take such an estate as to prevent a levy by the creditor of the head of the family on the reversionary interest in that…
2Cases cited2 opinions
- Skinner v. MoyeSupreme Court of Georgia · 1882
- Bonds v. StricklandSupreme Court of Georgia · 1878
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- McArthur v. BridgesSupreme Court of Georgia · 1920