Bechtoldt v. Fain
Supreme Court of Georgia
Homestead. Husband and Wife. Before Judge Hammond. Fulton Superior Court. April Term, 1883. A lot of land was sold under the foreclosure of a mortgage in favor of George J. Howard against Josephine Bechtoldt. She filed a bill, on behalf of herself and minor children, to set up a homestead which had been set apart to them by the ordinary.
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Homestead. Husband and Wife. Before Judge Hammond. Fulton Superior Court. April Term, 1883. A lot of land was sold under the foreclosure of a mortgage in favor of George J. Howard against Josephine Bechtoldt. She filed a bill, on behalf of herself and minor children, to set up a homestead which had been set apart to them by the ordinary. On the trial, it appeared that the title was in her when the homestead was set apart, though her husband had exchanged a house and lot for it. The petition for homestead was by the wife, the husband refusing, but did not show out of whose property it was to…
1Opinion of the Court
Hall, Justice.
Although the facts would make this seem a hard case, yet the controlling question in it is too well settled by the repeated decisions of this court to enable us, by questioning them, to afford the plaintiff in error the relief she seeks by her bill of exceptions. She is a married woman, and applied for and obtained a homestead, alleging that her husband refused to do so, and failing to state in her petition to whom the property belonged on which she sought to have the homestead laid. It is essential to the validity of her homestead that it should affirmatively appear from her…
2Cases cited3 opinions
- Wilder & Son v. FrederickSupreme Court of Georgia · 1881
- Neal v. SawyerSupreme Court of Georgia · 1879
- Jones v. CrumleySupreme Court of Georgia · 1878
3Cited by3 opinions
- Johnson v. LittleSupreme Court of Georgia · 1893
- Ach & Co. v. MilamSupreme Court of Georgia · 1903
- Williams v. WebbSupreme Court of Georgia · 1896