Mutual Benefit Building Ass'n v. Tanner
Supreme Court of Georgia
Equitable petition. Before Judge Lumpkin. Fulton superior court. September term, 1894. To the petition of Hattie Tanner a demurrer was interposed, the grounds of which appear in the opinion. The demurrer was overruled.
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Equitable petition. Before Judge Lumpkin. Fulton superior court. September term, 1894. To the petition of Hattie Tanner a demurrer was interposed, the grounds of which appear in the opinion. The demurrer was overruled. The petition alleges, that certain land described was set apart as an exemption under §2040 of the code, upon application of petitioner, her husband Ben Tanner refusing to apply for homestead and exemption, and such exemption was filed, approved and recorded in the office of the ordinary, October 7, 1878; a copy thereof being attached. Afterwards Ben Tanner made to the Mutual…
1Opinion of the Court
Simmons, Chief Justice.
Under the facts disclosed by the record, the court erred in overruling the demurrer. The application for exemption attached as an exhibit to the petition of the plaintiff, does not show out of whose property the exemption was sought. It has been uniformly held by this court, that where the application is by the wife, it must show that the exemption is sought out of property belonging to the husband. The application is equally defective in not allegingthat her husband refused to apply for the exemption, or that he acquiesced in her application, or that he had notice of…
2Cases cited2 opinions
- Blacker v. DunlopSupreme Court of Georgia · 1894
- Linch v. McIntyreSupreme Court of Georgia · 1886
3Cited by2 opinions
- Hirsch Bros. v. StinsonSupreme Court of Georgia · 1900
- Sheppard v. DavisCourt of Appeals of Georgia · 1918