Tarver v. New England Mortgage Security Co.
Supreme Court of Georgia
Petition for injunction. Before Judge Smith. Twiggs county. March 8, 1895. "W. B. Tarver & Brother (composed of W. B. and B. M. Tai’ver) owned jointly 16,364 acres of land in Twiggs county. They were indebted to various creditors. On February 27,1882, with the consent of B. M. Tarver, W. B. Tarver applied to the ordinary of that county for the setting apart of a homestead out of said lands for the benefit of himself and his family, consisting of his wife and minor children.
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Petition for injunction. Before Judge Smith. Twiggs county. March 8, 1895. "W. B. Tarver & Brother (composed of W. B. and B. M. Tai’ver) owned jointly 16,364 acres of land in Twiggs county. They were indebted to various creditors. On February 27,1882, with the consent of B. M. Tarver, W. B. Tarver applied to the ordinary of that county for the setting apart of a homestead out of said lands for the benefit of himself and his family, consisting of his wife and minor children. A caveat was interposed by several of his creditors, by their attorneys E. E. Best and others. The ordinary approved the…
1Opinion of the Court
Lumpkin, Justice.
The record iioav before us is exceedingly voluminous; but as the case is absolutely controlled by the principles which were formulated when our judgment was announced, it is entirely unnecessary to enter upon a discussion of the various irrelevant matters brought to our attention.
Unless the wife and children of W. B. Tarver are to be treated as parties to the application for a homestead made by him as the head of a family, and also parties to the appeal entered by creditors from the judgment thereon rendered by the ordinary, there was not a single party to the homestead case…
2Cited by1 opinion
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