Legal Opinion

Marsh v. Lazenby

Supreme Court of Georgia

Decided June 15, 1870PublishedCited by 14 opinions

.Homestead. Before Judge Kirby. Walker Superior Court. March Term, 1870. In January, 1870, Lazenby applied to the Ordinary of said county for the setting apart, as his homestead, of three hundred and forty-five acres of land, on which he lived, and for the exemption of certain personalty. In his petition this property was fully described, and he claimed that he was entitled to it because he was the head of a family, composed of his mother and two sisters.

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.Homestead. Before Judge Kirby. Walker Superior Court. March Term, 1870. In January, 1870, Lazenby applied to the Ordinary of said county for the setting apart, as his homestead, of three hundred and forty-five acres of land, on which he lived, and for the exemption of certain personalty. In his petition this property was fully described, and he claimed that he was entitled to it because he was the head of a family, composed of his mother and two sisters. Marsh and others, all/* judgment creditors of • Lazenby, opposed the petition, upon the ground that Lazenby was not the head of a family.…

1Opinion of the Court

By the Court-v-

BROWN, C. J.,

delivering the opinion.

The record in this case shows, that the applicant for a homestead was “an old bachelor, without' wife or child,” but that his mother and two sisters, all of whom are over twenty-one years of age, were living in the same house with him, on the land which he seeks to have set apart as a homestead for his and their use, and that the applicant had been providing for and taking care of his mother and sisters for several years. The only question presented for our decision is, did this constitute a family of which the applicant was the head? We hold…

2Cited by14 opinions

  1. Fox v. Waterloo National BankSupreme Court of Iowa · 1905
  2. Cunningham v. United States Savings & Loan Co.Supreme Court of Georgia · 1900
  3. Holnback v. WilsonIllinois Supreme Court · 1895
  4. Cowart v. PageSupreme Court of Georgia · 1877
  5. Holloway v. HollowaySupreme Court of Georgia · 1891

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