Burns v. Chandler
Supreme Court of Georgia
Homestead. Appeal. Amendment. Before Judge Rice. Jackson Superior Court. February Term, 1878. Burns made application for a homestead. 'The case was set for a hearing on December 4th, 1875. Chandler, a creditor, objected on the ground that the land sought to be set apart was his property. On demurrer the objection was dismissed, and Chandler appealed.
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Homestead. Appeal. Amendment. Before Judge Rice. Jackson Superior Court. February Term, 1878. Burns made application for a homestead. 'The case was set for a hearing on December 4th, 1875. Chandler, a creditor, objected on the ground that the land sought to be set apart was his property. On demurrer the objection was dismissed, and Chandler appealed. When the case was called in the superior court, which was at February term, 1878, Chandler moved to amend his objections so as to make them read as follows: 1. Because the land sought to be set apart is worth more than $2,000 in specie. 2.…
1Opinion of the Court
Bleckley, Justice.
The court erred, in disallowing the proposed amendment to complete the surveyor’s return. The plat, without the prescribed affidavit to support it, was but a part of what the surveyor was bound to furnish. Code, §2008. An application for homestead should not fail because the surveyor has omitted to perform his whole duty, when it is in the power of the court to have the omission supplied. Undoubtedly, the ordinary could have received the affidavit whilst the case was pending before him ; and if so, there is no reason why the superior court could not do the same pending the…
2Cases cited1 opinion
- Vance v. CrawfordSupreme Court of Georgia · 1848
3Cited by4 opinions
- Cunningham v. United States Savings & Loan Co.Supreme Court of Georgia · 1900
- Johnson v. JohnsonSupreme Court of Georgia · 1901
- Wheeler & Wilson Manufacturing Co. v. ChristopherSupreme Court of Georgia · 1882
- Gerding & Co. v. BeallSupreme Court of Georgia · 1879