Patterson v. Wallace
Supreme Court of Georgia
lies adjudicata. Tax affidavit. Homestead. Belief Law of 1868. Before Judge Clark. Sumter Superior Court. October Term, 1871. Daniel G. Patterson filed the following affidavit of illegality to an execution proceeding in favor of John H. Wallace: “ That a certain fi. fa. issued from the Superior Court of said county in favor of John H. Wallace and against deponent, and levied upon the east half of lot of land number ninety-three, in the twenty-sixth district of Sumter county,…
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lies adjudicata. Tax affidavit. Homestead. Belief Law of 1868. Before Judge Clark. Sumter Superior Court. October Term, 1871. Daniel G. Patterson filed the following affidavit of illegality to an execution proceeding in favor of John H. Wallace: “ That a certain fi. fa. issued from the Superior Court of said county in favor of John H. Wallace and against deponent, and levied upon the east half of lot of land number ninety-three, in the twenty-sixth district of Sumter county, as the property of deponent, is proceeding against him illegally in this, to-wit: “ Because the judgment upon which…
1Opinion of the Court
Montgomery, Judge.
A creditor is not obliged to go before the Ordinary and contest the right of a debtor to a homestead on any other grounds than those stated in the sixth section of the Act of 1868, and as that section is amended by the fifth section of the Act of 1870. But if he voluntarily appear and submit issues to the Ordinary, which but for such submission that of*455ficer would have no power to pass upon on an application for homestead, and of which the Ordinary takes jurisdiction, such creditor will be bound by the judgment.
Whether the plaintiff in fi. fa. did go before the Ordinary and…
2Cited by3 opinions
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- Frost v. BordersSupreme Court of Georgia · 1877
- Platt v. SheffieldSupreme Court of Georgia · 1879