Hunnicutt v. Summey

Jackson, Justice.

Hunnicutt held a Judgment on Summey & Newton, on which execution was issued and levied on a house and lot claimed by Mrs. Summey, who took homestead therein. The jury found the property not subject, a motion for a new trial *587was made and overruled, and the plaintiff in execution excepted.

1. The homestead was set apart at the instance of Mrs. Summey, out of Summey’s individual half of the partnership property, and one question made in the record for review is, can this be done ? In Harris et al. vs. Visscher et al., 57 Ga., 229, it was held that whore the realty had been…