Larey v. Baker
Supreme Court of Georgia
Claim. Homestead. Practice. Evidence. Before Judge Attaway. City court of Cartersville. September adjourned term, 1889. Baker, as transferee of a fi. fa. in favor of "Waitzfolder & Co. against Kitty P. Deweese, now Kitty P. Larey, sued out summons of garnishment diroctecl, among others, to the Bartow Paint & Pulverizing Co. It answered that it was indebted to defendant $10, which sum became due to her as forfeiture for failing to work property leased from her.
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Claim. Homestead. Practice. Evidence. Before Judge Attaway. City court of Cartersville. September adjourned term, 1889. Baker, as transferee of a fi. fa. in favor of "Waitzfolder & Co. against Kitty P. Deweese, now Kitty P. Larey, sued out summons of garnishment diroctecl, among others, to the Bartow Paint & Pulverizing Co. It answered that it was indebted to defendant $10, which sum became due to her as forfeiture for failing to work property leased from her. The husband of the defendant, as her agent, made affidavit that the sum mentioned was not the property of defendant, but was the…
1Opinion of the Court
Simmons, Justice.
The facts of this ease will be found in the official report. Under those facts, we think the court erred in refusing to grant a new trial upon the 5th, 6th and 7th grounds 'of the motion. The facts show that a homestead had been set apart to Mrs. Larey as the head of a family, and that a portion of the realty so set apart to her as a homestead had been leased by her to the Bartow Paint & Pulverizing Company for the purpose of mining it for ochre. It was stipulated in the lease contract that if the company failed to work the land, it should pay á stipulated forfeiture. The…
2Cases cited1 opinion
- Brown v. DriggersSupreme Court of Georgia · 1878
3Cited by7 opinions
- Lake Shore & Michigan Southern Railway Co. v. TeetersIndiana Supreme Court · 1906
- Pritchett v. DavisSupreme Court of Georgia · 1897
- Cook v. HendricksSupreme Court of Georgia · 1916
- Paschal v. TurnerSupreme Court of Georgia · 1902
- Haar v. StateCourt of Appeals of Georgia · 1914
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