Hines v. Sam Weichselbaum Co.
Court of Appeals of Georgia
Certiorari; from Laurens superior court — Judge Kent. April 38,1916. Hines executed a promissory note in which there was a waiver of “all homestead and exemption rights . . under the laws of this State.” Judgment was obtained against him in a suit on the note, and an execution was issued thereon and was leyied on certain hogs in his possession.
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Certiorari; from Laurens superior court — Judge Kent. April 38,1916. Hines executed a promissory note in which there was a waiver of “all homestead and exemption rights . . under the laws of this State.” Judgment was obtained against him in a suit on the note, and an execution was issued thereon and was leyied on certain hogs in his possession. A schedule of property claimed to be exempt from -levy and sale, as provided for in section 3416 of the Civil Code of 1910, and which included ten head of hogs, provisions, etc., was filed by him as head of a family, and was approved and recorded by…
1Opinion of the CourtHodges, J.
A promissory note expressly waiving “all homestead and exemption rights under the laws of this State” is effective as a waiver of such rights except as to wearing apparel and not exceeding three hundred dollars worth of household and kitchen furniture and provisions. Civil Code, §§ 3413, 6584, 6586. The waiver referred to in Flanders v. Wells, 61 Ga. 196, where it was decided that a mortgagor could waive his right to the short homestead in the property mortgaged, was made prior to the adoption of the constitution of 1877, which, while authorizing such waivers, makes an express exception as to…
2Cases cited2 opinions
- Wilson v. McMillanSupreme Court of Georgia · 1888
- Cochran v. HarveySupreme Court of Georgia · 1892