Batson v. Benford

1. Where a married woman applies for a homestead out of her husband’s property, under the Civil Code,. §2866, and the application or schedule does not affirmatively show that the husband has refused to make the application, the homestead so recorded is void (Hirsch v. Stinson, 112 Ga. 348, and cit.), and is therefore inadmissible in evidence as a muniment of title.

2. An order of a judge of the superior court authorizing the sale of such property as a homestead is likewise inadmissible for the same reason.

3. Where such land is sold and other land bought in an adjoining county and the deed…