Legal Opinion

Kupferman v. Buckholts

Supreme Court of Georgia

Decided November 11, 1884PublishedCited by 7 opinions

Homestead. Debtor and Creditor. Before Judge Simmons. Houston Superior Court. April Term, 1884. A fi-fa. in favor of William Kupferman against Joseph Buckholts was levied on one mule, 2,000 pounds of fodder, 200 bushels of corn, 400 bushels of cotton seed and one bale of cotton.

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Homestead. Debtor and Creditor. Before Judge Simmons. Houston Superior Court. April Term, 1884. A fi-fa. in favor of William Kupferman against Joseph Buckholts was levied on one mule, 2,000 pounds of fodder, 200 bushels of corn, 400 bushels of cotton seed and one bale of cotton. Buckholts, as head of a family, interposed a claim thereto, alleging that it was exempted property. » Plaintiff tendered issue, alleging that the property levied on was made on land rented in 1883 by defendant, and that, if any part of the homestead property was used in making the crops levied on, claimant was…

1Opinion of the Court

Jackson. Chief Justice

In the case of Wade vs. Weslow & Co., 62 Ga., 562, it was held that the sheep purchased with the proceeds of cotton raised on a homestead were exempt from levy and sale. There the court say: “We cannot suppose that in making provision for families, the constitution intended that the head of a family should not be allowed to cultivate the farm or haul with the animals without subjecting the proceeds, or a part of them, to seizure by his creditors. In many instances, perhaps in most instances, vain indeed would be the homestead and exemption, if the labor and management of…

2Cases cited3 opinions

  1. Wade v. Weslow & Co.Supreme Court of Georgia · 1879
  2. Johnson v. Franklin & WhitnkySupreme Court of Georgia · 1879
  3. Smith v. TurnleySupreme Court of Georgia · 1871

3Cited by7 opinions

  1. Taylor v. JamesSupreme Court of Georgia · 1899
  2. Dollar v. BushaSupreme Court of Georgia · 1905
  3. King v. SkellieSupreme Court of Georgia · 1887
  4. Kiser & Co. v. DozierSupreme Court of Georgia · 1897
  5. Staples v. KeisterSupreme Court of Georgia · 1888

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