Hawks v. Hawks
Supreme Court of Georgia
Homestead. Before Judge Pottle. Oglethorpe Superior Court. October Term, 1878. In 1866, Warren and Thomas I). Hawks as administrators of Henry Hawks, Sr., sold 1000 acres of land to Henry Hawks, Jr. and James M..Smith, made them a deed and took their joint note and mortgage on the land.
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Homestead. Before Judge Pottle. Oglethorpe Superior Court. October Term, 1878. In 1866, Warren and Thomas I). Hawks as administrators of Henry Hawks, Sr., sold 1000 acres of land to Henry Hawks, Jr. and James M..Smith, made them a deed and took their joint note and mortgage on the land. In • 1867 Smith and said Henry, Jr., divided the land, Smith taking 400 acres, for which he paid, and Henry, Jr., 600. The latter then sold 294-|- acres of the 600 to George E, Hawks and made him a deed. The administrators gave np the inortgage aforesaid, and said George F. and Henry, Jr., executed to them a…
1Opinion of the Court
Bleckley, Justice.
There are so many Hawks in the facts of this case, that the air is a little darkened. Only two of them need fix our attention : these are George F. and Warren. George F. had title to certain land, and procured 418 acres of it to be set apart to him as a homestead under the constitution of 1868. Because it was under mortgage for purchase money or for the removal of incumbrances, he could not hold it all in that way; so, in 1873, he filed his application in due form for the small homestead allowed by .section 2040 of the Code, claiming 60 acres of the 418 acres. The…
2Cases cited5 opinions
- Kilgore v. BeckSupreme Court of Georgia · 1869
- Faircloth v. St. JohnsSupreme Court of Georgia · 1872
- Larence v. EvansSupreme Court of Georgia · 1873
- Rushin v. GauseSupreme Court of Georgia · 1870
- Griffin v. ElliottSupreme Court of Georgia · 1878
3Cited by1 opinion
- Taylor v. JarrellSupreme Court of Georgia · 1898