Wilson v. McMillan
Supreme Court of Georgia
Homestead. Exemptions. Waiver. Words and phrases. Before Judge Hutchins. Gwinnett superior court. September term, 1887. A justice’s court fi. fa. was levied on a red milch cow as the property of Wilson, and the animal was claimed by his wife for herself and minor children.
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Homestead. Exemptions. Waiver. Words and phrases. Before Judge Hutchins. Gwinnett superior court. September term, 1887. A justice’s court fi. fa. was levied on a red milch cow as the property of Wilson, and the animal was claimed by his wife for herself and minor children. On the trial, the claimants showed, assuming the burden of proof (as the property was in possession of the defendant), that her husband refusing to apply, she had the cow and some other articles set apart regularly to her and her children as exempted provisions; that all the property so set apart was less than $200 in…
1Opinion of the Court
Blandford, Justice.
This case involves the question of whether a milch cow shall be exempted as “provisions,” under the homestead laws of this State. The plaintiff in error had given a promissory note to the defendant , in error, in which he waived all homestead and exemptions; and he afterwards sought to avoid it by applying to have set apart the property exempted under art. IX, sec. 2, paragraph 1 of the constitution, (code, §5212,) which provides that a debtor may waive his right to the exemptions provided for in the constitution, except as to wearing apparel, and not exceeding three…
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