Cheney v. Rodgers
Supreme Court of Georgia
Homestead. Notice. Vendor and purchaser. Before Judge Hall. Rockdale Superior Court. October Term, 1874. Sidney B. Cheney, for herself and her minor children, brought complaint against Richard W. Rogers for a tract of land. The defendant pleaded the general issue.
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Homestead. Notice. Vendor and purchaser. Before Judge Hall. Rockdale Superior Court. October Term, 1874. Sidney B. Cheney, for herself and her minor children, brought complaint against Richard W. Rogers for a tract of land. The defendant pleaded the general issue. The plaintiff showed title in herself under a deed made by Thomas L. Russell on April 12th, 1870, which contains this recital: “The said sum of money invested in the land for which this deed is made, is the proceeds arising from the sale of a homestead set apart by the court of ordinary of Jasper county, Georgia, to William R.…
1Opinion of the Court
McCay, Judge.
1. The sale of a homestead ought only to be for reinvestment, and it is a great defect in the law that the ordinary is not required to see that the reinvestment is made. The Code, section 2047, .is express that the proceeds of the sale shall go-to the use of the debtor’s family. This is the object of the homestead provision ; and on a sale of the homestead as laid off, we are clear that the reinvestment ought to be for the same purposes as the original appropriation. It seems, in this case, to be unquestionable that the homestead as originally laid off was sold and the proceeds…
2Cases cited1 opinion
- Harris v. FlyNew York Court of Chancery · 1839
3Cited by11 opinions
- Broome v. DavisSupreme Court of Georgia · 1891
- Feingold v. McDonald Mortgage & Realty Co.Supreme Court of Georgia · 1928
- Richardson v. WoodwardCourt of Appeals for the Fourth Circuit · 1900
- Chamblee v. Atlanta Brewing & Ice Co.Supreme Court of Georgia · 1908
- Harper v. DurdenSupreme Court of Georgia · 1933
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