Tanner v. Mutual Benefit Building Ass'n
Supreme Court of Georgia
Complaint on note. Before Judge Yan Epps. City ■court of Atlanta. July term, 1894. Suit was brought on a promissory note containing the usual waiver of homestead, dated Februaiy 1,1898. Defendant pleaded: The note is illegal and void, beiug a •contract against the policy of the law, in that it contains a waiver of homestead or exemption right of defendant or his family, as against this debt or any renewal thereof.
Read the full summary
Complaint on note. Before Judge Yan Epps. City ■court of Atlanta. July term, 1894. Suit was brought on a promissory note containing the usual waiver of homestead, dated Februaiy 1,1898. Defendant pleaded: The note is illegal and void, beiug a •contract against the policy of the law, in that it contains a waiver of homestead or exemption right of defendant or his family, as against this debt or any renewal thereof. His wife had filed in the court of ordinary a schedule for the exemption of realty and personalty, under the •code, §2040 et seq., for the benefit of her family; and in the schedule…
1Opinion of the Court
Judgment affirmed, with direction.
Suit was brought on a promissory note containing the usual waiver of homestead, dated Februaiy 1,1898. Defendant pleaded: The note is illegal and void, beiug a •contract against the policy of the law, in that it contains a waiver of homestead or exemption right of defendant or his family, as against this debt or any renewal thereof. His wife had filed in the court of ordinary a schedule for the exemption of realty and personalty, under the •code, §2040 et seq., for the benefit of her family; and in the schedule particularly set fórth the land covered by .a…
2Cited by2 opinions
- Brenau College v. MinceyCourt of Appeals of Georgia · 1942
- Faust v. General Finance & Loan Co.Court of Appeals of Georgia · 1954