Broach v. Powell
Supreme Court of Georgia
Homestead. Waiver. Mortgage. Eenunciation. Bankruptcy. Before Judge Lawson. Jones Superior Court. April Term, 1886. Eeported in the decision.
1Opinion of the Court
Bleckley, Chief Justice.
In 1874, a mortgage was executed upon a thousand acres of land, to secure a debt of $1,900. The mortgage deed contained a waiver in these terms: “I hereby waive all right to homestead in the above described land.” In August, 1876, the mortgagor married.- In October thereafter he was adjudicated a bankrupt on his own petition. Afterwards, in the same month, the mortgagee commenced proceedings against him in the superior court to foreclose the mortgage. A petition was filed and a rule nisi granted. Personal service of the rule was effected upon the mortgagor in December…
2Cases cited31 opinions
- Memphis & Little Rock Railroad v. Railroad CommissionersSupreme Court of the United States · 1884
- Tribble v. AndersonSupreme Court of Georgia · 1879
- Bush v. LesterSupreme Court of Georgia · 1876
- Brady v. BradySupreme Court of Georgia · 1883
- Jeffries v. BartlettSupreme Court of Georgia · 1886
26 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Evans v. Rounsaville & BrotherSupreme Court of Georgia · 1902
- Saul v. BowersSupreme Court of Georgia · 1923
- Pincus v. Meinhard & BrotherSupreme Court of Georgia · 1913
- Winkles v. Simpson Grocery Co.Supreme Court of Georgia · 1912
- Strickland Hardware Co. v. FletcherSupreme Court of Georgia · 1921
11 more not listed; retrieve them via the Exa API.