McNair v. Fortner
Supreme Court of Georgia
Claim. Before Judge Harrell. Grady superior court. January 13, 1920. . In December, 1906,”upon the application of Gus Eortner, what is commonly known as “a statutory or short homestead” was set apart to the applicant and his family under section 2866 of the Code of 1895 (Civil Code of.1910, § 3416). The land so set apart was described as “fifty acres of land, to wit: 21 acres of lot of land No. 72, 6 acres of lot No. -, all in the 19th District, Grady County.”
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Claim. Before Judge Harrell. Grady superior court. January 13, 1920. . In December, 1906,”upon the application of Gus Eortner, what is commonly known as “a statutory or short homestead” was set apart to the applicant and his family under section 2866 of the Code of 1895 (Civil Code of.1910, § 3416). The land so set apart was described as “fifty acres of land, to wit: 21 acres of lot of land No. 72, 6 acres of lot No. -, all in the 19th District, Grady County.” On May 10, 1913, Gus Fortner conveyed to D. G. McNair land described as follows: “Eleven and two thirds acres of land off of lot No.…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.) The controlling question in this case is, whether the evidence authorized the judge to hold that the plaintiff in fi. fa., or her husband, who was her general agent and acted for her in the transaction, had constructive notice, when the defendant in fi. fa. executed to him the security deed, that the land therein conveyed was a part of the land which had been previously exempted to the defendant ás the head of a family under the “statutory or short homestead” as provided for in sections 2366 et seq., of the Code of 1895 (Civil Code of 1910, § 3416).’
The…
2Cases cited7 opinions
- Kendall v. ParkerSupreme Court of Georgia · 1916
- Braswell & Son v. McDanielSupreme Court of Georgia · 1884
- Sharp v. American Freehold Land Mortgage Co.Supreme Court of Georgia · 1895
- Rogers v. HawkinsSupreme Court of Georgia · 1856
- Branch v. FordSupreme Court of Georgia · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State Ex Rel. Grigsby v. StokesSupreme Court of Oklahoma · 1930
- Powell v. PowellSupreme Court of Georgia · 1925
- Barfield v. Reynolds Banking Co.Court of Appeals of Georgia · 1929
- Clark v. KinneySupreme Court of Georgia · 1933
- Hensley v. LovelyCourt of Appeals of Kentucky (pre-1976) · 1933