Legal Opinion

Torrance v. Boyd

Supreme Court of Georgia

Decided February 15, 1879PublishedCited by 7 opinions

Homestead. Charge of Court. New trial. Before Judge Buchanan. Campbell Superior Court. August Term, 1878. Two executions in favor of Boyd against Torrance, were levied upon a mare and horse as the property of the defendant, and a claim filed by his wife, Mrs. Torrance. The evidence upon the issue thus formed presented the facts set forth in the opinion. The jury found the property subject.

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Homestead. Charge of Court. New trial. Before Judge Buchanan. Campbell Superior Court. August Term, 1878. Two executions in favor of Boyd against Torrance, were levied upon a mare and horse as the property of the defendant, and a claim filed by his wife, Mrs. Torrance. The evidence upon the issue thus formed presented the facts set forth in the opinion. The jury found the property subject. The claimant moved for a new trial upon the following grounds: 1. Because the court erred in admitting in evidence the first homestead proceedings of the defendant. 2. Because the court erred in charging…

1Opinion of the Court

Bleckley, Justice.

In December, 1868, Torrance went through the form of taking a homestead of realty and an exemption of personalty, before the ordinary of Campbell county, the realty valued at $1,500.00, and the personalty at $1,000.00. The ordinary approved the plat and schedule in due form, thereby *25granting the application. The papers showed on their face that the claim of homestead and exemption was made under the constitution of 1868, but there was no allegation that the applicant resided in the county, or that he was the head of a family, or that he had any family. In point of fact, he…

2Cases cited1 opinion

  1. Marsh v. LazenbySupreme Court of Georgia · 1870

3Cited by7 opinions

  1. Jones v. McCrarySupreme Court of Georgia · 1905
  2. Hall v. MatthewsSupreme Court of Georgia · 1882
  3. In re CochranDistrict Court, N.D. Georgia · 1911
  4. Cook v. CookSupreme Court of Georgia · 1912
  5. In re HardyDistrict Court, S.D. Georgia · 1916

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