Harrell v. Harrell
Supreme Court of Georgia
Homestead. Debtor and Creditor. Before Judge Kibbee. Dodge Superior Court. August Term, 1886. B. II. Harrell and W. W. Harrell filed their bill, alleging, in brief, as follows: A fi.fa. in favor of B. H. Harrell against W. L. Harrell was levied on certain personalty, which was sold at a constable’s sale, and complainants became the purchasers.
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Homestead. Debtor and Creditor. Before Judge Kibbee. Dodge Superior Court. August Term, 1886. B. II. Harrell and W. W. Harrell filed their bill, alleging, in brief, as follows: A fi.fa. in favor of B. H. Harrell against W. L. Harrell was levied on certain personalty, which was sold at a constable’s sale, and complainants became the purchasers. At the time of the sale, an application by thedebtor as the head of a family, for an exemption of personalty, was pending before the ordinary, covering the property sold. It was afterwards set apart. W. L. Harrell having died, his widow, Leah Harrell,…
1Opinion of the Court
Bleckley, Chief Justice.
Certain .personalty, consisting of cattle, a horse, etc.,, was sold under execution pending an application to have it set aside under the homestead laws as exempt. After the exemption was allowed, a recovery was had in trover against the purchasers for so much money, they having-converted the property to their own use. See Harrell vs. Harrell et al., 75 Ga. 697. Execution founded on this judgment having been levied upon property of the defendants, they filed a bill and prayed for an injunction and a receiver, the theory of the bill being that the fund should be…
2Cases cited3 opinions
- Kilgore v. BeckSupreme Court of Georgia · 1869
- Faircloth v. St. JohnsSupreme Court of Georgia · 1872
- Harrell v. HarrellSupreme Court of Georgia · 1885