Larence v. Evans
Supreme Court of Georgia
Injunction. Homestead. Before Judge McCutchen. Catoosa county. At Chambers. August 16th, 1873. Sallie A. Evans filed her bill against Thomas Larence, W. H. Payne and James M. Edwards, sheriff of Catoosa county, making substantially the following case: Complainant is the wife of C. L. Evans, and the mother of five minor children, and as such is entitled to a homestead of realty and personalty.
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Injunction. Homestead. Before Judge McCutchen. Catoosa county. At Chambers. August 16th, 1873. Sallie A. Evans filed her bill against Thomas Larence, W. H. Payne and James M. Edwards, sheriff of Catoosa county, making substantially the following case: Complainant is the wife of C. L. Evans, and the mother of five minor children, and as such is entitled to a homestead of realty and personalty. The eñtire estate of her husband and his said family consists of the house and lot in the town of Ringgold, whereon they now reside, not exceeding $500 00 in value; tliis property being in a village,…
1Opinion of the Court
McCay, Judge.
It is alleged in this bill, and the demurrer admits it to be true, that the property in dispute is not worth more than $500 00. As it is situated in a town, it is not, therefore, of any greater value than was exempt from levy and sale at the time the debt, now seeking to condemn it, was contracted: Code of 1873, section 2040; Act of 1845, Cobb, 391. In my judgment, if this be so, it does not affect the question that it was laid off, under the Act of 1868. It is not over the law, but over its operation, that the jurisdiction of the Federal Court *219extends, and if, under the Act of…
2Cited by3 opinions
- Richardson v. WoodwardCourt of Appeals for the Fourth Circuit · 1900
- Earle & Co. v. HardieSupreme Court of North Carolina · 1879
- Hawks v. HawksSupreme Court of Georgia · 1879