Hughes v. Purcell
Supreme Court of Georgia
Equitable petition. Before. Judge Morris. Cherokee superior court.- February 26, 1909.
1Opinion of the CourtAtkinson, J.
1. Where a husband, being the head of a family consisting of his wife and minor children, abandoned them, and refused to make ' application to have a homestead set apart out of his land and personal property under the provisions of the Civil Code, § 2866, it was competent for the wife to make such application, where she unequivocally alleged that the husband had refused to make the application. Civil Code, § 2842; Hirsch v. Stinson, 112 Ga. 348 (37 S. E. 365).(a) It would not suffice to allege merely that the husband “neglected or refused.” Davis v. Lumpkin, 106 Ga. 582 (32 S. E. 626).
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2Cases cited7 opinions
- McWhorter v. CheneySupreme Court of Georgia · 1904
- Gresham v. JohnsonSupreme Court of Georgia · 1883
- Pritchett v. DavisSupreme Court of Georgia · 1897
- Davis v. LumpkinSupreme Court of Georgia · 1899
- Braswell & Son v. McDanielSupreme Court of Georgia · 1884
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3Cited by5 opinions
- Pollard v. BlalockSupreme Court of Georgia · 1917
- Jones v. DykesCourt of Appeals of Georgia · 1998
- Gann v. McGeeCourt of Appeals of Georgia · 1916
- Buchan v. DanielSupreme Court of Georgia · 1917
- McCray v. CavesSupreme Court of Georgia · 1955