Rutledge v. McFarland
Supreme Court of Georgia
Homestead. Title. Levy and Sale. Mortgage. Debtor and Creditor. Bes Adjudieata. Before Judge Branham. Walker Superior Court.' February Term. 1885. On January 1, 1881, a mortgage fi. fa. in favor of X. G. McFarland against George W. Willis was levied on fifty acres of land in land lot 31 of the ninth district and fourth section of Walker county, and a claim thereto was interposed by Mary C. Rutledge et al., children and grandchildren of Willis.
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Homestead. Title. Levy and Sale. Mortgage. Debtor and Creditor. Bes Adjudieata. Before Judge Branham. Walker Superior Court.' February Term. 1885. On January 1, 1881, a mortgage fi. fa. in favor of X. G. McFarland against George W. Willis was levied on fifty acres of land in land lot 31 of the ninth district and fourth section of Walker county, and a claim thereto was interposed by Mary C. Rutledge et al., children and grandchildren of Willis. On the trial, the case was submitted to the presiding judge without a jury. The following facts, in brief, appeared: In 1866, Willis made a mortgage on…
1Opinion of the Court
Hall, Justice.
The record raises for adjudication the following questions :
(1.) Whether the land exempted under section 2040 of the Code vests in the children of the debtor the title to the same after his death, and relieves it from the lien created by a mortgage executed before the exemption was allowed.
(2.) Whether the land thus exempted, after the execution of the mortgage, can be said to have a lien created thereon, or to be encumbered or conveyed contrary to the provisions of laws inhibiting the party to whom the exemption is allowed from alienating or encumbering it, unless it be sold by…
2Cases cited2 opinions
- Mott v. Central RailroadSupreme Court of Georgia · 1883
- Gresham v. JohnsonSupreme Court of Georgia · 1883
3Cited by7 opinions
- Bentley v. StillSupreme Court of Georgia · 1945
- McDuffie v. IrvineSupreme Court of Georgia · 1893
- Crowley & Co. v. FreemanCourt of Appeals of Georgia · 1911
- Camp v. TealCourt of Appeals of Georgia · 1932
- Tribble v. StateCourt of Appeals of Georgia · 1925
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