Lacey v. Davis

ALMON, Justice.

Mattie Davis petitioned the Circuit Court of DeKalb County to set apart her homestead interest in fee simple in land owned by her husband, Allen Davis, at his death. The appellants (respondents to Mattie Davis’s petition) are the collateral heirs of Allen Davis. The trial court found in favor of Mattie Davis and awarded her fee simple title to all the land owned by her husband at his death. We affirm.

Allen Davis died on April 26, 1956, owning a single 115 acre tract of land. The only debts owed by his estate consisted of a mortgage on the real estate which Mattie Davis paid…