Roberts v. Robinson
Supreme Court of Georgia
Homestead Mortgage. Notice. Before Judge IToon. Early Superior Court. April Term, 1879. This was a claim case, submitted to the court without a jury, on an agreed statement of facts, in substance, as follows : On February 1, 1869, Mary Yann, as head of a family of minors, had set apart as a homestead part of lot No. 151, in Miller county.
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Homestead Mortgage. Notice. Before Judge IToon. Early Superior Court. April Term, 1879. This was a claim case, submitted to the court without a jury, on an agreed statement of facts, in substance, as follows : On February 1, 1869, Mary Yann, as head of a family of minors, had set apart as a homestead part of lot No. 151, in Miller county. On December 2, 1872, under approval of the ordinary, she exchanged this for lot No. 56, in Early county, taking the deed to lierself individually. She and the children moved on the place, accepted it as their homestead, and have ever since so held and…
1Opinion of the Court
Jackson, Justice.
If the mortgagee had notice of the homestead nature of the lot of land levied on under the mortgage fi.fa., even then, if the goods furnished were used by Mrs. Yann and her children, the land could probably be subjected to the extent that they were so used for their support and to make a crop. But there is no proof' that Robinson knew of the homestead character of the property. He was a mortgagee without any notice at all. The, deed from Leonard to Mrs. Yann was absolutely to her, and nothing appeared thereon going to show that she held it as a homestead — so hers to Long,…
2Cases cited5 opinions
- Willingham & Dunn v. MaynardSupreme Court of Georgia · 1877
- Cheney v. RodgersSupreme Court of Georgia · 1875
- Morris v. TennentSupreme Court of Georgia · 1876
- Roberts v. TrammellSupreme Court of Georgia · 1875
- Bonds v. StricklandSupreme Court of Georgia · 1878
3Cited by2 opinions
- Ford v. FargasonSupreme Court of Georgia · 1904
- Faison v. LanierSupreme Court of Georgia · 1927