Legal Opinion

Taylor v. Jarrell

Supreme Court of Georgia

Decided April 12, 1898PublishedCited by 5 opinions

Complaint on note. Before Judge Hart. Greene superior •court. February term, 1897. In January, 1897, E. L. Taylor, as trustee, sued Felix Jarrell for $79.07 as balance of principal, besides interest from December 20, 1896, upon a promissory note for $175, made by Jarrell and payable to E. L. Taylor or bearer, dated November 20, 1895, and due one year afterwards.

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Complaint on note. Before Judge Hart. Greene superior •court. February term, 1897. In January, 1897, E. L. Taylor, as trustee, sued Felix Jarrell for $79.07 as balance of principal, besides interest from December 20, 1896, upon a promissory note for $175, made by Jarrell and payable to E. L. Taylor or bearer, dated November 20, 1895, and due one year afterwards. Upon the note is a transfer of the same, for value received, to the wife of Taylor, dated November 20, 1895, and a receipt for $97.09, dated December 20, 1896. Defendant pleaded, denying that Taylor had any right or title to sue on…

1Opinion of the CourtLewis, J.

The rights of a head of a family under the homestead laws of this State begin to accrue in the property sought to be exempted when he files his application to the ordinary for an exemption. Pending the application, his rights do not become vested to such an extent as to prevent a seizure of the *171property for his debts, but if there is a sale of the property before exemption under judicial process, the purchaser at such sale, with notice of the application, buys subject to the exemption should it be afterwards allowed. It follows, therefore, that if any such sale of the property pending the…

2Cases cited4 opinions

  1. Harrell v. HarrellSupreme Court of Georgia · 1885
  2. Crine v. JohnsSupreme Court of Georgia · 1895
  3. Watkins v. CasonSupreme Court of Georgia · 1872
  4. Hawks v. HawksSupreme Court of Georgia · 1879

3Cited by5 opinions

  1. Southern Railway Co. v. FulfordSupreme Court of Georgia · 1906
  2. Roquemore v. GoldsteinCourt of Appeals of Georgia · 1959
  3. Gober v. RichardsSupreme Court of Georgia · 1925
  4. In re RamseurDistrict Court, N.D. Georgia · 1921
  5. Roquemore v. GoldsteinCourt of Appeals of Georgia · 1959

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