Camp v. Smith
Supreme Court of Georgia
Ejectment. Amendment. Pleadings. Homestead. Husband and wife. Estates. Before Judge Hall. Henry •Superior Court. April Term, 1878. Mrs. Smith brought complaint for land against Camp. No abstract of title was attached to the declaration. The defendant pleaded the general issue. After the jury was stricken, the plaintiff proposed to amend by adding such ■abstract. The amendment was allowed, anj defendant excepted.
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Ejectment. Amendment. Pleadings. Homestead. Husband and wife. Estates. Before Judge Hall. Henry •Superior Court. April Term, 1878. Mrs. Smith brought complaint for land against Camp. No abstract of title was attached to the declaration. The defendant pleaded the general issue. After the jury was stricken, the plaintiff proposed to amend by adding such ■abstract. The amendment was allowed, anj defendant excepted. The case was submitted upon the following facts : Mrs. Hand, the mother of plaintiff, was married to defendant in the year 1865, or before that time. She then owned the land in…
1Opinion of the Court
Bleckley, Justice.
1. Under the Code, pleadings are amendable in all respects, when there is anything to amend by. The omission to annex an abstract of the plaintiffs title to a declaration of complaint for land is a defect curable by amendment. We can see no reason for holding to the contrary.
2. Granting that the marital rights of the husband attached upon the land, and that it was his property at the time that the homestead was applied for, he was free to alienate his title to his wife at any time before the application was approved by the ordinary. Indeed, as no homestead title becomes…
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