Hardin v. McCord
Supreme Court of Georgia
Homestead. Pleadings. Amendment. Before Judge Stewart. Rockdale Superior Court. August Term, 1883. A fi. fa. in favor of McCord, executor, against Hardin, was levied on certain corn, etc., which Hardin claimed to be exempt as the proceeds of land which had been set apart to him as a homestead. On the trial, he offered in evidence the record of the setting apart of a homestead to him and an amendment thereto ; but they were rejected by the court.
Read the full summary
Homestead. Pleadings. Amendment. Before Judge Stewart. Rockdale Superior Court. August Term, 1883. A fi. fa. in favor of McCord, executor, against Hardin, was levied on certain corn, etc., which Hardin claimed to be exempt as the proceeds of land which had been set apart to him as a homestead. On the trial, he offered in evidence the record of the setting apart of a homestead to him and an amendment thereto ; but they were rejected by the court. After verdict against him, he moved for a new trial, which was refused, and he excepted. The original petition for homestead offered in evidence…
1Opinion of the Court
Blandeord, Justice.
John D Hardin, in 1868, applied to the ordinary of Newton county, under the constitution and act of 1868, for an exemption of personalty and the setting apart of a homestead of realty; his application set forth the personalty in a schedule, also the realty, which he wished exempted and set apart as a homestead, but the application failed to state his residence, or that he was the head of a family, but it claimed the exemption and homestead under the constitution of 1868. In 1883 he applied to the or. dinary of Newton county to correct his application, alleging that he was,…
2Cases cited2 opinions
- Weed v. WeedSupreme Court of Connecticut · 1856
- Wallace v. CasonSupreme Court of Georgia · 1871
3Cited by2 opinions
- Sharp v. American Freehold Land Mortgage Co.Supreme Court of Georgia · 1895
- Stinson v. Hirsch Bros.Supreme Court of Georgia · 1906