Hall v. Matthews
Supreme Court of Georgia
Homestead. Title. Ejectment. Estoppel. Before Judge Willis. Talbot Superior Court. September Term, 1881. Little et al. brought complaint for land against Hall. •Their title.rested on a deed made by Hall and his wife to them in March, 1878. Defendant insisted that the deed conveyed no title, and was a mere security for a debt. He offered an equitable plea alleging these facts, and praying that the land be sold, the debt paid, and the balance of proceeds paid to him.
Read the full summary
Homestead. Title. Ejectment. Estoppel. Before Judge Willis. Talbot Superior Court. September Term, 1881. Little et al. brought complaint for land against Hall. •Their title.rested on a deed made by Hall and his wife to them in March, 1878. Defendant insisted that the deed conveyed no title, and was a mere security for a debt. He offered an equitable plea alleging these facts, and praying that the land be sold, the debt paid, and the balance of proceeds paid to him. The court struck the plea. Defendant then put in evidence the records of the court of ordinary, showing that Hall had applied in…
1Opinion of the Court
Jackson, Chief Justice.
1. We think that the court erred in ruling that the homestead estate of the defendant ended upon the death of his wife. The grandchild dependent on him and raised by him from a babe, on the death of his daughter, is only thirteen years old now, and a beneficiar} of the homestead as well as his wife ; and while she lived, certainly as long as her minority and dependence upon him continued, the homestead estate continued. The title to it did not pass out of him as the head of the family, and no recovery can be had against him individually; because the effect of his…
2Cases cited1 opinion
- Torrance v. BoydSupreme Court of Georgia · 1879
3Cited by7 opinions
- Towns v. MathewsSupreme Court of Georgia · 1893
- Huntress v. AndersonSupreme Court of Georgia · 1900
- Crowley & Co. v. FreemanCourt of Appeals of Georgia · 1911
- Jones v. McCrarySupreme Court of Georgia · 1905
- Sutton v. RosserSupreme Court of Georgia · 1899
2 more not listed; retrieve them via the Exa API.