Ragan, Malone & Co. v. Taff
Supreme Court of Georgia
Intervention. Before Judge Eoute, of the city court of Carters-ville. Bartow superior court. The firm of Taff & Conyers were adjudged involuntary bankrupts, and J. C. Taff, a member of the firm, applied in the United States court for the exemption of certain property as a homestead.
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Intervention. Before Judge Eoute, of the city court of Carters-ville. Bartow superior court. The firm of Taff & Conyers were adjudged involuntary bankrupts, and J. C. Taff, a member of the firm, applied in the United States court for the exemption of certain property as a homestead. Certain creditors filed their suit in the superior court of Bartow county, alleging, that they were creditors of the bankrupt, that their indebtedness was evidenced by notes containing a waiver of homestead, and that they had not proved their claims in the bankrupt court; and they prajcd the appointment of a…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) The constitutional and statutory rights of homestead and exemption are intended to reserve to a debtor, for a limited time, the use and enjoyment of a certain amount of his property from the processes of his creditors. It may not be necessary that an applicant for a homestead be a debtor; yet, as the homestead exemption only serves as a barrier against creditors, it is hardly supposable that one who does not owe any debt will ever apply for an exemption or homestead'in his property. In making provision for notice to creditors, both the constitution and…
2Cases cited1 opinion
- Stafford, Blalock & Co. v. ElliottSupreme Court of Georgia · 1877
3Cited by7 opinions
- Pincus v. Meinhard & BrotherSupreme Court of Georgia · 1913
- Pass v. PassSupreme Court of Georgia · 1942
- Southern Wholesale Corp. v. PincusSupreme Court of Georgia · 1931
- Frank & Co. v. WeinerSupreme Court of Georgia · 1929
- Tanner-Brice Co. v. MorrisSupreme Court of Georgia · 1916
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