Rogers v. Hawkins
Supreme Court of Georgia
Illegality, in Lee. Tried before Judge Allen, April-Term, 1856. Afi.fa. in favor of Willis A. Hawkins against David Rogers, was levied on ten acres of land as the property of the-latter, to satisfy said fi. fa.
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Illegality, in Lee. Tried before Judge Allen, April-Term, 1856. Afi.fa. in favor of Willis A. Hawkins against David Rogers, was levied on ten acres of land as the property of the-latter, to satisfy said fi. fa. The defendant thereupon made affidavit that “the above stated fi. fa. is proceeding illegally against him, on the following grounds, to-wit: 1st. Because the fi. fa. has been levied on a certain portion of land in lot 205, of the thirteenth district of said county, belonging to this defendant, consisting of not more than., ■nine or ten acres, which'is all the land defendant has; and"…
1Opinion of the Court
By the Court.
Lumpkin J.
delivering the opinion..
[1.] By a careful examination of the several Statutes; passed in this State for the purpose of exempting a certain quantity of real estate, belonging to insolvent debtors, from levy and sale, it is clear that this case is not embraced within-the provisions of any of them.
By the Act of 1841, (Cobb, 389,) twenty acres for the-head of the family and five acres for each of the children. Hnder-'fifteen--years 'of age, were exempt. And the same to - be laid off by the County Surveyor, and were to embrace the dwelling-house and improvements, provided…
2Cited by4 opinions
- Connally v. HardwickSupreme Court of Georgia · 1878
- Foogman v. PattersonNorth Dakota Supreme Court · 1900
- McNair v. FortnerSupreme Court of Georgia · 1920
- Sims v. SimsSupreme Court of Georgia · 1905