Brooks v. Georgia
Supreme Court of Georgia
Homestead. Tax. Lien. Before Judge James Johnson. Muscogee Superior Court. May Term, 1874. On October 2d, 1873, the comptroller general issued an execution against Isaac T. Brooks, as tax collector of Muscogee county, and his securities, for $874 74, it being the amount of a default made by him in the year 1867. On November 17th, 1873, a levy was made on certain lots of land which were claimed by Joseph H. Brooks.
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Homestead. Tax. Lien. Before Judge James Johnson. Muscogee Superior Court. May Term, 1874. On October 2d, 1873, the comptroller general issued an execution against Isaac T. Brooks, as tax collector of Muscogee county, and his securities, for $874 74, it being the amount of a default made by him in the year 1867. On November 17th, 1873, a levy was made on certain lots of land which were claimed by Joseph H. Brooks. On the trial of this issue the following facts appeared : • On August 9th, 1869, Mary F. Brooks, wife of the defendant in ji. fa., for herself and minor children, applied for a…
1Opinion of the Court
Trippe, Judge.
1. The default of the tax collector occurred in 1867. His bond was executed in that year, and his property was bound from the date of its execution, and so was the property of his sureties: Code section 913. The comptroller general issued the execution against the collector and the sureties on his bond. The question is, did the assignment of the homestead to the wife of the collector, in this land, protect it against the execution, the debt due the state? In Gunn vs. Barry, 15 Wallace 610, the supreme court of the United States held that the homestead provisions of the…
2Cited by8 opinions
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