Sale v. Wingfield
Supreme Court of Georgia
Homestead. Purchase money. Before Judge Pottle. Wilkes Superior Court. June Adjourned Term, 1875. It is only necessary to state in this case that of the $425 00 in the hands of DuBose, the garnishee in the suit on the note, the court below allowed $200 00 to Sale as a part of his exemption of personalty, holding the balance to be subject to his debts. For the remaining facts, see the decision.
1Opinion of the Court
Warner, Chief Justice.
This was a claim case, and a case in which a summons of garnishment had been issued. Both cases, by agreement of the parties, were submitted to the decision of the presiding judge as to the questions of fact and law involved therein. It appears from the evidence in the record that Wyley, the plaintiff’s intestate, loaned Sale $4,000 00 in gold coin for the purchase of a tract of land containing one thousand two hundred and ninety-four acres, for which Sale and wife executed their promissory note, to secure the payment of which, Sale executed a mortgage on the land…
2Cited by2 opinions
- Cook v. CookSupreme Court of Georgia · 1881
- White v. WheelanSupreme Court of Georgia · 1883