Linch v. McIntyre

Blandford, Justice.

Philip McIntyre was the owner of a tract of land in or near Atlanta. His wife, Milly McIntyre, in 1875, made application to have the same set apart as a homestead to herself and children of her and Philip, on the ground that her husband refused so to do; but in the application for homestead, there was no allegation that the land belonged to her husband. The homestead was allowed by the ordinary. Philip lived with his wife and children on the land when the surveyor entered and platted the land under the order of the ordinary, and had notice of the wife’s application. The…