Legal Opinion

Kirtland v. Davis

Supreme Court of Georgia

Decided July 15, 1871PublishedCited by 3 opinions

Homestead and exemption of personalty. Appeal. Before Judge Harrell. Randolph Superior Court. November Term, 1870. Mrs. Davis averred that her husband would not claim the benefit of the Homestead and Exception Act, and claimed them for herself and her minor children.

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Homestead and exemption of personalty. Appeal. Before Judge Harrell. Randolph Superior Court. November Term, 1870. Mrs. Davis averred that her husband would not claim the benefit of the Homestead and Exception Act, and claimed them for herself and her minor children. Avoiding such matters as, under the decision here are unimportant, it is sufficient to say that she claimed as homestead two store-lots and the stores thereon, in Cuthbert, and certain specified furniture, etc., for exemption. She averred that she could not give a schedule of her husband’s personal property because she did not…

1Opinion of the Court

Lochrane, Chief Justice.

The question in this case arises upon the application of Martha Davis for homestead and exemption of personalty. The case comes by appeal from the judgment of the Ordinary of Eandolph county to the Superior Court. We do not deem it necessary, from the view we entertain of this case, to dispose of the assignments of error seriatim, or follow the order in which they were presented to the Court, but, inasmuch as we reverse the judgment of the Court below, we propose to lay down the general grounds upon which such judgment of reversal is founded. And we commence by saying…

2Cited by3 opinions

  1. Cunningham v. United States Savings & Loan Co.Supreme Court of Georgia · 1900
  2. Wood & Bro. v. CollinsSupreme Court of Georgia · 1900
  3. Muir v. HowellNew Jersey Court of Chancery · 1883

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