Mobley v. Belcher
Supreme Court of Georgia
Complaint for land. Before Judge Thomas. Decatur superior court. November 11, 1914. A petition showed the following facts: A judgment was obtained and an execution issued in 1888, in favor of John B. Davis, surviving partner, against John Mobley & Brother, for a stated principal, with interest and attorney’s fees. William Mobley, a member of the firm, obtained a homestead to be set apart to him as the head of a family consisting at that time of his wife and one minor child.
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Complaint for land. Before Judge Thomas. Decatur superior court. November 11, 1914. A petition showed the following facts: A judgment was obtained and an execution issued in 1888, in favor of John B. Davis, surviving partner, against John Mobley & Brother, for a stated principal, with interest and attorney’s fees. William Mobley, a member of the firm, obtained a homestead to be set apart to him as the head of a family consisting at that time of his wife and one minor child. The execution was levied on the land, and William . Mobley, as the head of a family, interposed a claim. In 1895 the…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) The petition was rightly dismissed. The judgment was rendered against a firm of which William Mobley was a member, before he obtained a homestead. It included stated sums for principal, interest, and attorney’s fees. From this it may be inferred that it was based on a note or other promise to pay money. If so, it does not appear which member of the firm executed the promise, or whether it contained a waiver of homestead or not: If it did so, and William Mobley executed it, a homestead subsequently obtained by him was subject to the judgment. Perry v.…
2Cases cited5 opinions
- Anderson v. GoodwinSupreme Court of Georgia · 1906
- Winkles v. Simpson Grocery Co.Supreme Court of Georgia · 1912
- Miller v. ButlerSupreme Court of Georgia · 1905
- Wegman Piano Co. v. IrvineSupreme Court of Georgia · 1899
- Perry v. Britt-Carson Shoe Co.Supreme Court of Georgia · 1907
3Cited by6 opinions
- Saliba v. SalibaSupreme Court of Georgia · 1947
- Nelson v. EstillSupreme Court of Georgia · 1940
- Calhoun v. Babcock Bros. Lumber Co.Supreme Court of Georgia · 1945
- Lathrop v. MillerSupreme Court of Georgia · 1927
- Barlow v. StoryCourt of Appeals of Georgia · 1969
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