Chambliss v. Phelps
Supreme Court of Georgia
Homestead. Constitutional law. Dormant Judgment. Before Judge Green. Monroe Superior Court. April Term, 1869. Chambliss petitioned the Ordinary of said county for the exemption from his debts of certain personalty and certain land as his homestead. In obedience to the order of the Ordinary the county surveyor laid off certain five hundred and one acres of land in said county as said homestead, and certified that they were not worth over $ 2000 00 in specie.
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Homestead. Constitutional law. Dormant Judgment. Before Judge Green. Monroe Superior Court. April Term, 1869. Chambliss petitioned the Ordinary of said county for the exemption from his debts of certain personalty and certain land as his homestead. In obedience to the order of the Ordinary the county surveyor laid off certain five hundred and one acres of land in said county as said homestead, and certified that they were not worth over $ 2000 00 in specie. Phelps, by his attorney, appeared and objected to the Ordinary approving said exemption, upon the following grounds: Because he, Phelps,…
1Opinion of the CourtMcCay, J.
The Constitutionality of the Homestead Law, which is one of the points made in this case, is discussed and decided in the case of Downer vs. Hardeman, decided at this terna of the Court, and for the reasons there given we made the same decision in this case.
1. It is one of the express exceptions in the Homestead provision of the Constitution, that the Courts shall have jurisdiction to enforce against the homestead, when set apart, a judgment founded on a debt contracted for the purchase-money. See Article VII, section 1, Constitution of 1868. This is no personal privilege of the vendor of the…
2Cited by3 opinions
- Dix v. DixSupreme Court of Georgia · 1909
- Newton v. SummeySupreme Court of Georgia · 1877
- Hagins v. BlitchCourt of Appeals of Georgia · 1909