Butler & Heath v. Shiver
Supreme Court of Georgia
Homestead. Exemptions. Waiver. Before Judge Bower. Mitchell Superior Court. November Temp 1886. To the report contained in the decision, it is necessary to add only that this case was submitted to the decision of the presiding judge on both law and facts, and to his judgment, holding the property levied on not subject, a bill of exceptions was filed.
1Opinion of the Court
Bleckley, Chief Justice.
In the contract creating the debt there was a waiver of all homestead and exemption rights. The* debt was reduced to judgment, execution issued, and was levied upon two bales of cotton. This cotton was produced by the *173debtor’s labor whilst he subsisted on provisions which, in the previous year but after the waiver, had been, as may be conceded, duly set apart as exempt. We may assume for present purposes that all was done which Sasser vs. Roberts, 68 Ga. 252 (a very extreme authority), requires.
The question is, whether the waiver will take effect against the cotton,…
2Cases cited3 opinions
- Wade v. Weslow & Co.Supreme Court of Georgia · 1879
- Johnson v. Franklin & WhitnkySupreme Court of Georgia · 1879
- Sasser v. RobertsSupreme Court of Georgia · 1881
3Cited by3 opinions
- Mullen v. CookWest Virginia Supreme Court · 1911
- Arnwine v. BeaverSupreme Court of Georgia · 1910
- Posey v. Rome Oil & Fertilizer Co.Supreme Court of Georgia · 1923