American Freehold Land Mortgage Co. of London Ltd. v. Walker
Supreme Court of Georgia
Equitable petition. Before Judge Butt. Taylor superior court. June 6, 1903. Real estate of A. M. Walker, which had been set apart as a homestead for the benefit of his wife and minor children, was subsequently levied on and sold' under a fi. fa. against him. Waters, the purchaser at the sheriff’s sale, conveyed the land to Mrs. Alice Walker, the wife of A. M. Walker and a beneficiary under the homestead.
Read the full summary
Equitable petition. Before Judge Butt. Taylor superior court. June 6, 1903. Real estate of A. M. Walker, which had been set apart as a homestead for the benefit of his wife and minor children, was subsequently levied on and sold' under a fi. fa. against him. Waters, the purchaser at the sheriff’s sale, conveyed the land to Mrs. Alice Walker, the wife of A. M. Walker and a beneficiary under the homestead. She borrowed from Sherwood a thousand dollars, and secured the same by a deed to the land, which was signed by her husband as her agent. The debt and security were' transferred by Sherwood to…
1Opinion of the CourtLamar, J.
(after stating the foregoing facts.) It was conceded on the argument here that a verdict finding that the writ of possession should not be enforced during the continuance of the homestead estate was demanded by the evidence; but we think the plaintiff in error is right in its contention that the verdict was too broad. Under it the mortgage company would be perpetually enjoined from dispossessing A. M. Walker individually, even after the termination of the homestead estate. If the levy was only on the homestead interest, and if Waters got no title at the sheriff’s sale, and if Mrs. Walker…
2Cases cited5 opinions
- Kirk v. HamiltonSupreme Court of the United States · 1880
- Butt v. MaddoxSupreme Court of Georgia · 1849
- Georgia Pacific Railway Co. v. StricklandSupreme Court of Georgia · 1888
- Williams v. O'NealSupreme Court of Georgia · 1903
- Fleming & Co. v. RaySupreme Court of Georgia · 1891
3Cited by20 opinions
- Piedmont Cotton Mills v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1908
- Peacock v. HorneSupreme Court of Georgia · 1925
- Penn Mutual Life Insurance v. TaggartCourt of Appeals of Georgia · 1928
- Sikes v. SeckingerSupreme Court of Georgia · 1927
- Equitable Loan & Security Co. v. LewmanSupreme Court of Georgia · 1905
15 more not listed; retrieve them via the Exa API.