Maxey, Jordan & Co. v. Loyal
Supreme Court of Georgia
Exemption Laws. Retroactive Legislation. Decided by Judge N. G. Foster. Jasper Superior Court. November, Adjourned Term, 1867. Boynton filed a bill against Richard J. Loyal, to enforce the vendor’s lien. ' Loyal admitted all the facts necessary to sustain the lien and prayed, that after discharging it the amount allowed to insolvent debtors be set apart for his benefit, as allowed by law. In April, 1867, there was a decree as prayed for by Boynton.
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Exemption Laws. Retroactive Legislation. Decided by Judge N. G. Foster. Jasper Superior Court. November, Adjourned Term, 1867. Boynton filed a bill against Richard J. Loyal, to enforce the vendor’s lien. ' Loyal admitted all the facts necessary to sustain the lien and prayed, that after discharging it the amount allowed to insolvent debtors be set apart for his benefit, as allowed by law. In April, 1867, there was a decree as prayed for by Boynton. Under this decree, the sheriff sold the land for $407 41 over and above what was sufficient to pay off said vendor’s lien. The wife of Loyal had…
1Opinion of the CourtBrown, C. J.
The single question presented for our consideration in this case is, can the family of an insolvent debtor legally claim $500, out of the proceeds of his town property, sold at sheriff’s sale, as against a creditor, whose debt existed and was in judgment prior to the adoption of the Code, which raised the amount from $200, which was allowed the family by Act of 1845, to $500, which is now allowed by the Code.
It is insisted by counsel for plaintiff in error, that the family is only entitled to $200, which was the amount exempt by law at the time thé contract was made, and that sections 2013…
2Cases cited2 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Hopkins v. LongSupreme Court of Georgia · 1851
3Cited by3 opinions
- Moore v. LetchfordTexas Supreme Court · 1872
- Roquemore v. GoldsteinCourt of Appeals of Georgia · 1959
- Roquemore v. GoldsteinCourt of Appeals of Georgia · 1959