Horton v. Summers
Supreme Court of Georgia
Claim. Homestead. Evidence. Before Judge Hall. Newton Superior Court. September Term, 1818. In addition to the report contained in the opinion it is only necessary to add the following : The claim affidavit of Horton was as follows : “ Georgia, Newton County :— “Before me, in person came Turner Horton, who is the head of a family, who, on oath, says that a certain sum of money which is now held up in the hands of J. J. Stephenson, or the sheriff of Newton county, by summons…
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Claim. Homestead. Evidence. Before Judge Hall. Newton Superior Court. September Term, 1818. In addition to the report contained in the opinion it is only necessary to add the following : The claim affidavit of Horton was as follows : “ Georgia, Newton County :— “Before me, in person came Turner Horton, who is the head of a family, who, on oath, says that a certain sum of money which is now held up in the hands of J. J. Stephenson, or the sheriff of Newton county, by summons of garnishment issued to said parties at the instance of Bummers &Middlebrook in a suit against Turner Horton, in Newton…
1Opinion of the Court
Jackson, Justice.
Summers & Middlebrooks obtained judgment against Horton and garnisheed Stephenson. Stephenson answered that he held funds in his hands which arose from the sale of lands in the possession, when sold, of Horton. Horton claimed the fund as the head of his family as being the proceeds of the sale of homestead property, and dissolved the garnishment by giving bond and security under section 3541 of the Code. An issue was made up under section 3542, as to whom the money belonged, whether to Horton individually as defendant in the execution, or to Horton as the head of his family,…
2Cases cited2 opinions
- Bartlett v. RussellSupreme Court of Georgia · 1870
- Cowart v. PageSupreme Court of Georgia · 1877
3Cited by1 opinion
- Sharp v. American Freehold Land Mortgage Co.Supreme Court of Georgia · 1895