Timothy v. Chambers
Supreme Court of Georgia
Ejectment. Homestead. Set-off. Title. Estoppel. Presumptions. Evidence. Jurisdiction. Practice. Before Judge Jenkins. Madison superior court.
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Ejectment. Homestead. Set-off. Title. Estoppel. Presumptions. Evidence. Jurisdiction. Practice. Before Judge Jenkins. Madison superior court. September term, 1889. Robert G. Chambers and his wife Eliza, suing for the use of Eliza and the minor children of the two, brought suit on February 12th, 1889, against A. R. Elliott and others, for a tract of land alleged to be in Madison county, and for rents from January 1st, 1885. In addition to the general issue, the defendants pleaded that in 1884, the land was sold and conveyed by Chambers and his wife to Elliott, who paid them for it $1,000, its…
1Opinion of the Court
Bleckley, Chief Justice.
1. The plea that the defendant Elliott had purchased the premises, paid their full value, and that the amount thus paid had been enjoyed by the beneficiaries of the homestead, was not restricted to the mesne profits, but was set up as a defence to the whole action. The homestead provided for by the constitution of 1868, was unlike the exemption which the constitution of 1877 provides for. The former embraced realty as such, and personalty as such; whereas, the latter may *272as to the whole value exempted, cover one or the other or both, indifferently. In the scheme of the…
2Cases cited1 opinion
- Amos v. CosbySupreme Court of Georgia · 1885
3Cited by3 opinions
- Taylor v. JamesSupreme Court of Georgia · 1899
- Yeates v. DonalsonSupreme Court of Georgia · 1917
- Williford v. DenbySupreme Court of Georgia · 1907