Stokes v. Hatcher
Supreme Court of Georgia
Homestead. Before Judge GebsoN. Burke Superior Court. November Term, 1877. An execution in favor of Stokes was levied on homestead property of Hatcher, under an affidavit that there was no other than homestead property, and it was not exempt from this debt. The latter filed a counter affidavit, and upon this issue was joined. On the trial, it appeared that the debt on which the execution was founded was for labor performed upon the property.
Read the full summary
Homestead. Before Judge GebsoN. Burke Superior Court. November Term, 1877. An execution in favor of Stokes was levied on homestead property of Hatcher, under an affidavit that there was no other than homestead property, and it was not exempt from this debt. The latter filed a counter affidavit, and upon this issue was joined. On the trial, it appeared that the debt on which the execution was founded was for labor performed upon the property. The homestead was set apart after the performance of the labor, and before the debt went to .judgment, The court charged that if the.labor was performed…
1Opinion of the Court
Jackson, Judge.
An execution issued upon a judgment rendered in behalf of a laborer as a farm hand on the farm of defendant for *6181811-2-3, was levied upon the -farm. Before the date of the judgment, the farm was set apart as a homestead for the defendant’s family, and the question made is, was the homestead estate liable therefor ?
This court held in the case of Dicken vs. Thrasher, 58 Ga., 360, that the estate was liable for such work done thereon for the family after the homestead was set apart; but this case does not fall within the principle there ruled. That principle is, that the…
2Cases cited1 opinion
- Dicken v. ThrasherSupreme Court of Georgia · 1877
3Cited by4 opinions
- Wilder & Son v. FrederickSupreme Court of Georgia · 1881
- McWilliams v. BonesSupreme Court of Georgia · 1890
- Builders Lumber Co. v. HuntSupreme Court of Georgia · 1934
- Wright v. Carolina Portland Cement Co.Supreme Court of Georgia · 1933