Lathrop v. Soldiers' Loan & Building Ass'n
Supreme Court of Georgia
Homestead. Estoppel. Certiorari. Practice. Separate property. Before Judge Gibson. Richmond Superior Court. January Term, 1871. For the facts of this case, see the decision.
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Homestead. Estoppel. Certiorari. Practice. Separate property. Before Judge Gibson. Richmond Superior Court. January Term, 1871. For the facts of this case, see the decision. The property of the wife is not subject to homestead, unless she had assigned the property to the husband, or they were living apart: Code, section 1743. Husband the head of the family: Homestead Act, 1869, sections 1, 27; Homestead Act, 1870, sections 3,4; Constitution, Article "VTL, section 6. The Loan Association is within the exceptions, being a purchase-money creditor: Chambless vs. Phelps, 39 Georgia, 386.…
1Opinion of the Court
Warner, Chief Justice.
An application was made to the Ordinary of Richmond county by J. J. Lathrop and S. J. Lathrop, his wife, as head of a family, for a homestead exemption out of the value of a city lot in the city of Augusta, under the provisions of the 7th section of the Homestead Act of 1868. The Ordinary allowed the homestead, and the Soldiers' Loan and Building Association, a mortgage creditor of the applicants, excepted to the judgment of the Ordinary allowing the homestead, on the ground that the applicants were not entitled to the homestead exemption prayed for under the law…
2Cited by5 opinions
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- Muir v. HowellNew Jersey Court of Chancery · 1883