Harris v. Colquit & Baggs
Supreme Court of Georgia
Homestead. Conclusiveness of judgments. Before Judge Harrell. Terrell Superior Court. November Term, 1871.. Colquit & Baggs, as merchants and factors, furnished to-Mr. Harris provisions to enable him to make his crop in-1870, taking a factor’s lien upon the crop to be grown. In the fall of 1870 they foreclosed the lien and had the fi. fa... levied upon corn and cottcn, which were part of said crop.
Read the full summary
Homestead. Conclusiveness of judgments. Before Judge Harrell. Terrell Superior Court. November Term, 1871.. Colquit & Baggs, as merchants and factors, furnished to-Mr. Harris provisions to enable him to make his crop in-1870, taking a factor’s lien upon the crop to be grown. In the fall of 1870 they foreclosed the lien and had the fi. fa... levied upon corn and cottcn, which were part of said crop. His wife, R. E. Harris, then made application to the Ordinary for setting apart as exempt from her husband’s debts, certain personalty, including said corn and cotton. It was by the Ordinary set…
1Opinion of the Court
McCay, Judge.
The Act of 1868 providing for laying off the homestead, allows any creditor to appear and make certain objections to the proceeding. Literally, the only issue provided for is, upon the estimate of value by the Commissioners. But, in the nature of things, the objector may make a point upon any of the material statements necessary to be made; as residence, that applicant is the head of a family, etc.
We have held, also, that, if an objector does appear and set up that he has such a debt as that the applicant can include certain specific property in his schedule, and the applicant…
2Cited by7 opinions
- Dix v. DixSupreme Court of Georgia · 1909
- Dunagan v. Stadler & Co.Supreme Court of Georgia · 1897
- Smith v. SmithSupreme Court of Georgia · 1897
- Durham v. DurhamSupreme Court of Georgia · 1899
- Gann v. McGeeCourt of Appeals of Georgia · 1916
2 more not listed; retrieve them via the Exa API.