Sims v. Sims
Supreme Court of Georgia
Petition for partition. Before Judge Henry. Floyd superior court. September 8, 1904. The petition of Naomi Sims alleged, that she was the owner of an undivided third interest in a described tract of land containing 80 acres, more or less, to which interest she derived title through a certain conveyance executed in 1899; and that the title to the remaining interest was in W. J. Sims, as trustee of two beneficiaries named. She prayed for a partition of the property.
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Petition for partition. Before Judge Henry. Floyd superior court. September 8, 1904. The petition of Naomi Sims alleged, that she was the owner of an undivided third interest in a described tract of land containing 80 acres, more or less, to which interest she derived title through a certain conveyance executed in 1899; and that the title to the remaining interest was in W. J. Sims, as trustee of two beneficiaries named. She prayed for a partition of the property. The petition was filed on December 19, 1903. The defendant, W. J. Sims, trustee, in his answer alleged, that the plaintiff no…
1Opinion of the CourtEvans, J.
The controlling question in this case is whether or not, under Civil Code, §§ 2866 et seq., a homestead exemption can legally be set apart in realty in which the applicant has only an undivided interest. The land in which an exemption was sought and the interest of the applicant therein were thus set forth in the schedule: “ An undivided one-third interest in the north half of lot of land number one hundred and ninety-three, situated in the fourth district and fourth section of Floyd county, containing eighty acres, more or less, valued at one hundred and sixty-seven dollars.” The applicant…
2Cases cited6 opinions
- Connally v. HardwickSupreme Court of Georgia · 1878
- Pinkerton v. TumlinSupreme Court of Georgia · 1857
- Rogers v. HawkinsSupreme Court of Georgia · 1856
- King v. DillonSupreme Court of Georgia · 1880
- Ross v. WilsonSupreme Court of Georgia · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Tattnall Bank v. PowellSupreme Court of Georgia · 1935