Taliaferro v. Pry
Supreme Court of Georgia
Homestead Act. Lien. Before Judge Johnson. Muscogee Superior Court. May Term, 1870. Epsey O. Pry averred that she was the mother of five minor children; that her husband would not apply for the exemption of his personalty under the Homestead Act, and prayed that the personalty, in her schedule annexed, be set apart under said Act. Over $450 00 worth of the said personalty consisted of cotton, corn, fodder, and potatoes.
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Homestead Act. Lien. Before Judge Johnson. Muscogee Superior Court. May Term, 1870. Epsey O. Pry averred that she was the mother of five minor children; that her husband would not apply for the exemption of his personalty under the Homestead Act, and prayed that the personalty, in her schedule annexed, be set apart under said Act. Over $450 00 worth of the said personalty consisted of cotton, corn, fodder, and potatoes. Taliaferro objected upon the ground that, prior to her application, he had had a distress-warrant for rent for $728 75 levied upon all of the property in said schedule, and…
1Opinion of the CourtLochrane, C. J.
It appears from the record in this case that John O. Pry rented lands from Taliaferro, the plaintiff in error, executing a mortgage upon all the growing crops and personal property belonging to him, for the security of the payment of the rent and a mortgage waiver of the benefit of all exemptions and homestead laws.
The plaintiff in error, by distress-warrant, levied upon the personal property of John O. Pry, consisting of two mules, cotton, com, fodder, etc. After the distress-warrant was levied, the wife of John O. Pry applied, by her next friend, to have the property thus levied on' set…
2Cited by5 opinions
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