Miller v. Almon
Supreme Court of Georgia
Levy and claim. Before Judge Freeman. Heard superior court. September term, 1904. A crop mortgage with waiver of exemptions, signed by Rufus Miller and his wife, was foreclosed, and the mortgage fi. fa. was levied on 100 bushels of corn, November 23, 1901. On November 29, 1901, a schedule was filed with the ordinary, and approved and recorded, in which the corn levied on was included, as “ the property of Rufus Miller, who is the head of a family consisting of his wife,…
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Levy and claim. Before Judge Freeman. Heard superior court. September term, 1904. A crop mortgage with waiver of exemptions, signed by Rufus Miller and his wife, was foreclosed, and the mortgage fi. fa. was levied on 100 bushels of corn, November 23, 1901. On November 29, 1901, a schedule was filed with the ordinary, and approved and recorded, in which the corn levied on was included, as “ the property of Rufus Miller, who is the head of a family consisting of his wife, Martha J. Miller, and who is a debtor having waived the benefit of the homestead so far as allowed by the constitution of…
1Opinion of the CourtCobb, J.
In Simmons v. Anderson, 56 Ga. 53, it was held that a mortgagor could waive his right to a homestead given him by the constitution in the property mortgaged. In Flanders v. Wells, 61 Ga. 195, it was held that a mortgagor could waive his right to the short homestead in the property mortgaged. These decisions were based upon transactions occurring prior' to the adoption of the constitution of 1877. At the tipie the convention which framed that consitution was in session it was an open question whether a debtor would be bound by a general waiver of his homestead right where no specific property…
2Cases cited4 opinions
- Simmons v. AndersonSupreme Court of Georgia · 1876
- Stafford, Blalock & Co. v. ElliottSupreme Court of Georgia · 1877
- Flanders & Son v. WellsSupreme Court of Georgia · 1878
- Sasser v. RobertsSupreme Court of Georgia · 1881
3Cited by5 opinions
- Peppers v. CauthenSupreme Court of Georgia · 1915
- Wilbanks v. WardlawCourt of Appeals of Georgia · 1935
- Brown v. ScarboroughSupreme Court of Georgia · 1924
- Sanders v. General Motors Acceptance Corp.Court of Appeals of Georgia · 1931
- Kemp v. Swainsboro Ice & Fuel Co.Court of Appeals of Georgia · 1933