Legal Opinion

Cheney v. Rosser

Supreme Court of Georgia

Decided August 15, 1877PublishedCited by 3 opinions

Equity. Homestead. Before Judge "Wright. Rockdale Superior Court. September Term, 1876. Report unnecessary.

1Opinion of the Court

Bleckley, Judge.

This was a bill to enjoin the statutory action for land, described in 54 Ga., 168. On the hearing of the bill, the court charged the jury, in effect, that the purchaser of the land would be as well protected with notice as without it. This charge cannot be reconciled with the opinion of the supreme court, as reported in 54 Ga., supra. The view expressed in 56 Ga., 577, that homestead property will be represented by other property of like kind for which it has been exchanged, so long as the original property is not reclaimed or restored, seems to us correct The principle…

2Cases cited2 opinions

  1. Cheney v. RodgersSupreme Court of Georgia · 1875
  2. Morris v. TennentSupreme Court of Georgia · 1876

3Cited by3 opinions

  1. Broome v. DavisSupreme Court of Georgia · 1891
  2. Johnson v. RedwineSupreme Court of Georgia · 1898
  3. Rosser v. CheneySupreme Court of Georgia · 1880

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