McWhorter v. Cheney
Supreme Court of Georgia
Equitable petition. Before Judge Lewis. Greene superior court. August 26, 1904. An equitable proceeding was brought by Mrs. Sarah H. Cheney against W. P. McWhorter.
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Equitable petition. Before Judge Lewis. Greene superior court. August 26, 1904. An equitable proceeding was brought by Mrs. Sarah H. Cheney against W. P. McWhorter. In her petition the plaintiff set forth the following statement of facts: On September 25, 1869, her husband, E. R. Cheney, had set apart to him, as the head of a family, a homestead in a certain (described) tract of land in Greene county, for the benefit of his family, consisting of petitioner and several minor children. He died on March 21, 1902, leaving her „the sole beneficiary of the homestead, his youngest child having…
1Opinion of the CourtEvans, J.
(After stating the facts.) The first proposition to be determined in solving the rights of the plaintiff is whether the *545widow of the head of a family, who is the sole beneficiary under a homestead, is affected by the ordinary rules • of limitation as applied to the recovery of her interest in the homestead property. It would seem that if the wife of the head of a family could assert her rights under the homestead by filing a claim in her own name (Connolly v. Hardwick, 61 Ga. 501), she could prosecute any other appropriate remedy to prevent interference with her homestead interest. Eve v.…
2Cases cited5 opinions
- Cade v. BurtonSupreme Court of Georgia · 1866
- Huntress v. AndersonSupreme Court of Georgia · 1900
- Connally v. HardwickSupreme Court of Georgia · 1878
- Pritchett v. DavisSupreme Court of Georgia · 1897
- Eve v. CrossSupreme Court of Georgia · 1886
3Cited by15 opinions
- Wallace v. MizeSupreme Court of Georgia · 1922
- Johnson v. SearsSupreme Court of Georgia · 1945
- Slade v. BarberSupreme Court of Georgia · 1946
- Patellis v. KingCourt of Appeals of Georgia · 1935
- Aken v. BullardSupreme Court of Georgia · 1910
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