Kiser & Co. v. Dozier
Supreme Court of Georgia
Levy and claim. Before Judge Sheffield. Randolph superior court. May term, 1896. An execution in favor of Kiser & Co. v. Dozier was levied,, and he interposed a claim as head of a family, alleging that-he held the property for them, the same having been purchased with proceeds of homestead property. There was a verdict in his favor, and the plaintiffs’ motion for a new trial was overruled.
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Levy and claim. Before Judge Sheffield. Randolph superior court. May term, 1896. An execution in favor of Kiser & Co. v. Dozier was levied,, and he interposed a claim as head of a family, alleging that-he held the property for them, the same having been purchased with proceeds of homestead property. There was a verdict in his favor, and the plaintiffs’ motion for a new trial was overruled. The property levied on is lot of land 169 (202.5 acres) in Randolph county, conveyed to Dozier by Arthur Hood in 1887, and a storehouse and lot in the town of Coleman, conveyed to Dozier by Nichols in 1891.…
1Opinion of the CourtFish, J.
1. It has been held by this court, and we think correctly, that investments of the income derived from property which has been set apart as a homestead go to enlarge the corpus of the estate which produced it. Wade v. Weslow & Co., 62 Ga. 562; Johnson v. Franklin & Whitney, 63 Ga. 378. This is true although the head of the family may have contributed his labor in managing the homestead estate, and thus material^ increased the amount of income which would otherwise have been realized. Kupferman v. Buckholts, 73 Ga. 778. For a “debtor can not be forced to apply his labor to the extinguishment…
2Cases cited8 opinions
- Holcombe v. Richmond & Danville RailroadSupreme Court of Georgia · 1887
- Wade v. Weslow & Co.Supreme Court of Georgia · 1879
- Johnson v. Franklin & WhitnkySupreme Court of Georgia · 1879
- Kupferman v. BuckholtsSupreme Court of Georgia · 1884
- Morris v. TennentSupreme Court of Georgia · 1876
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3Cited by2 opinions
- Powers v. Rosenblatt & Co.Supreme Court of Georgia · 1901
- In re WardlawDistrict Court, N.D. Georgia · 1912