Crine v. Johns

Atkinson, Justice.

1. It was first decided by this court, two Justices presiding, in the case of Grace v. Kezar, 86 Ga. 697, that if, pending an application for the setting apart of a homestead, the land sought to be set apart thereunder is sold under an execution against the applicant, the purchaser at the sale, who bought with notice of the application for the homestead, would acquire the fee, but the same would be subject to any homestead right which might thereafter be established in favor of the head of the family. The principle decided by this case was subsequently approved by a majority…