Smith v. Lord & Dixon
Supreme Court of Georgia
Homestead. Levy and sale. "Waiver. Before Judge Bartlett. Wilkinson Superior Court. October Term, 1877. Execution against J. R. Smith, in favor of Lord & Dixon, transferees, was levied upon certain personalty of the de. fendant. He, for his wife and minor children, applied to the ordinary to have 'such personalty set apart as exempt. The notice of this application served upon the plaintiffs designated no time for the hearing.
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Homestead. Levy and sale. "Waiver. Before Judge Bartlett. Wilkinson Superior Court. October Term, 1877. Execution against J. R. Smith, in favor of Lord & Dixon, transferees, was levied upon certain personalty of the de. fendant. He, for his wife and minor children, applied to the ordinary to have 'such personalty set apart as exempt. The notice of this application served upon the plaintiffs designated no time for the hearing. The published notice recited that R. J. Smith had applied for exemption. There were two Smiths in the county, one J. R. and the other R. J. The exemption was allowed by…
1Opinion of the Court
Bleckley, Judge.
1. The levy was legally made, and to disengage the property from it by subsequent proceedings, these proceedings must have been conformable to law. They were not so in two respects: the notice served upon the plaintiffs in fi. fa. did not designate any time for the hearing of the application for exemption; arid the official notice published in the gazette described the applicant as R. J. Smith, instead of J. R. Smith. There was an R. J. Smith in the county, and readers of the gazette would have understood him to he the applicant, if their information was derived alone from the…
2Cases cited2 opinions
- Jones v. TarverSupreme Court of Georgia · 1856
- Parker v. JenningsSupreme Court of Georgia · 1858
3Cited by2 opinions
- Gamble v. Central Railroad & Banking Co.Supreme Court of Georgia · 1888
- Boroughs v. White & StoneSupreme Court of Georgia · 1883