Faircloth v. St. Johns
Supreme Court of Georgia
Ejectment. Homestead. Before Judge Alexander. Mitchell Superior Court. November Term, 1871. This was ejectment by Mrs. Faircloth against St. Johns. So much of the proceedings below, as is necessary for an understanding of the opinion, is as follows: She showed the bous and tenancy and title in her husband; that he died and she took possession of the land, and had it set apart to Ter for a homestead of herself and minor children, and closed.
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Ejectment. Homestead. Before Judge Alexander. Mitchell Superior Court. November Term, 1871. This was ejectment by Mrs. Faircloth against St. Johns. So much of the proceedings below, as is necessary for an understanding of the opinion, is as follows: She showed the bous and tenancy and title in her husband; that he died and she took possession of the land, and had it set apart to Ter for a homestead of herself and minor children, and closed. Defendant showed the following facts: Faircloth sold the land to one Settles, took his two notes for $1,000 00 and $500 00, for the purchase-money, and…
1Opinion of the Court
McCay, Judge.
1. The debt on which this fi.fa. was founded was the debt of Settle. Faircloth was only liable as indorser. As to Settle, it was given for the purchase of the land, and as to him and his family, it would be superior to the homestead, should' one be claimed by them. As to Faircloth and his family, it is only a simple debt. His indorsement had for its consideration entirely another tract of land. As to that tract, it would be a debt for the purchase-money, but as to the tract sold to Settle, it is not a debt for the purchase-money. Had Settle paid any portion of the purchase-money,…
2Cited by5 opinions
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- Hawks v. HawksSupreme Court of Georgia · 1879
- Adams v. GrizzardSupreme Court of Georgia · 1931
- Harrell v. HarrellSupreme Court of Georgia · 1887