Lynch v. Pace
Supreme Court of Georgia
Homestead. Pleading. Appeals. Before Judge Harrell. Randolph Superior Court. May Term, 1869. Pace petitioned the Ordinary of said county to have a homestead assigned him under the Act of the 3d of October, 1868. The petition made no averments whatever as the basis of his application. Counsel for plaintiffs in error objected to the assignment of the homestead because Pace was not the head of a family. Other objections were made by other creditors. The homestead was assigned.
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Homestead. Pleading. Appeals. Before Judge Harrell. Randolph Superior Court. May Term, 1869. Pace petitioned the Ordinary of said county to have a homestead assigned him under the Act of the 3d of October, 1868. The petition made no averments whatever as the basis of his application. Counsel for plaintiffs in error objected to the assignment of the homestead because Pace was not the head of a family. Other objections were made by other creditors. The homestead was assigned. Plaintiffs in error appealed. Upon the appeal trial counsel for plaintiff in error moved to dismiss the application,…
1Opinion of the CourtWarner, J.
Inasmuch as the applicant for a homestead did not allege, in his application therefor, that he was “ the head of a family, or guardian, or trustee of a family of minor children,” the demurrer thereto should have been sustained by the Court below.
When an appeal is taken to the Superior Court, from the judgment of the Ordinary, allowing or refusing a homestead, as provided by the Act of 1868, the whole case is brought up by the appeal, and either party may, in the appellate Court, raise any objections, or make any motion in relation thereto, authorized by law, as in other appeal cases from the…
2Cited by4 opinions
- Cunningham v. United States Savings & Loan Co.Supreme Court of Georgia · 1900
- Dendy v. Gamble & CopelandSupreme Court of Georgia · 1880
- Lee v. HaleSupreme Court of Georgia · 1886
- Clark v. BellSupreme Court of Georgia · 1881