Mozley & Co. v. Fontana
Supreme Court of Georgia
Certiorari. Before Judge Hammond. Kichmond superior court. June 17, 1905. Antonio Fontana made-application, on June 12, 1903, to have an exemption set apart to Mm under the constitution of 1877, as the head of a family consisting of himself, his wife, and minor children.
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Certiorari. Before Judge Hammond. Kichmond superior court. June 17, 1905. Antonio Fontana made-application, on June 12, 1903, to have an exemption set apart to Mm under the constitution of 1877, as the head of a family consisting of himself, his wife, and minor children. The schedule of personal property attached to the application contained certain marble and granite pieces, household furniture, live stock, machines, drays, buggies, and similar articles, and a growing crop of hay on each of'two places. Mozley & Company, as judgment creditors, filed objections to the granting of the…
1Opinion of the Court
LüMPKIN, J.
(After stating the facts.) 1. It is not essential "that the head of a family should have the legal title to property in order to apply for a homestead or exemption. “No present interest or estate in land beyond that implied in the fact of possession is requisite to sustain the claim of exemption as against a debt or lien inferior to the exemption right.” Pendleton v. Hooper, 87 Ga. *378108; Whitehead v. Mundy, 91 Ga. 198. In a contest between one who claims the homestead and a person asserting a paramount title to the property, the general law applicable to titles would determine…
2Cases cited14 opinions
- Weaver v. CarterSupreme Court of Georgia · 1897
- West v. BennettSupreme Court of Georgia · 1877
- Kirby v. ReeseSupreme Court of Georgia · 1882
- Wegman Piano Co. v. IrvineSupreme Court of Georgia · 1899
- Barfield v. JeffersonSupreme Court of Georgia · 1890
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3Cited by6 opinions
- Slade v. BarberSupreme Court of Georgia · 1946
- Watts v. Wight Investment Co.Court of Appeals of Georgia · 1920
- Roughton v. RoughtonSupreme Court of Georgia · 1934
- Wilbanks v. WardlawCourt of Appeals of Georgia · 1935
- McCoy v. Howard's Furniture Co.District Court, N.D. Georgia · 1963
1 more not listed; retrieve them via the Exa API.