Felker v. Crane, Boylston & Co.
Supreme Court of Georgia
Bankruptcy. Homestead. Liens. Debtor and Creditor. Before Judge Erwin. Walton Superior Court. August Term, 1882. In 1875 Felker was adjudged a bankrupt, and was discharged in 1876. His assignee set apart to him certain land as an exemption, and the same was allowed by the court. No ’proceedings were taken to have a homestead set apart by the ordinary.
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Bankruptcy. Homestead. Liens. Debtor and Creditor. Before Judge Erwin. Walton Superior Court. August Term, 1882. In 1875 Felker was adjudged a bankrupt, and was discharged in 1876. His assignee set apart to him certain land as an exemption, and the same was allowed by the court. No ’proceedings were taken to have a homestead set apart by the ordinary. In 1881, the firm of Felker & Company gave certain notes, and on failing to pay them they were reduced to judgment, and a levy was made on the land set apart as an exemption by the bankrupt court. Felker claimed it on behalf of his wife and…
1Opinion of the Court
Hall, Justice.
Is a homestead, allowed by the laws of this state to the *485head of the family, and recognized by the bankrupt laws of congress, which has been set apart by the district court of the United States to one adjudged a bankrupt, liable to a debt he has contracted after his final discharge, where he has failed to have it assigned by the proper state courts, in the manner prescribed by the constitution and laws of the state ?
The only effect that the legislation of congress has upon the title to the property reserved as a homestead, is to prevent it from passing to the assignee in…
2Cases cited3 opinions
- Bush v. LesterSupreme Court of Georgia · 1876
- Ross v. WorshamSupreme Court of Georgia · 1880
- Farmer v. TaylorSupreme Court of Georgia · 1876
3Cited by5 opinions
- Pincus v. Meinhard & BrotherSupreme Court of Georgia · 1913
- Dozier v. McWhorterSupreme Court of Georgia · 1901
- Strickland Hardware Co. v. FletcherSupreme Court of Georgia · 1921
- Adams v. DicksonSupreme Court of Georgia · 1884
- Strickland Hardware Co. v. FletcherSupreme Court of Georgia · 1921