Harrell v. Fagan
Supreme Court of Georgia
Rule against sheriff. Rent. Homestead. Lien. Before Judge Johnson. Stewart Superior Court. April Term, 1871. Harrell made affidavit that J. K. Davis owed him seven bales of middling cotton, each weighing five hundred pounds, and worth $700 00, for the rent of a plantation for 1868. A distress warrant was issued, and on the 20th of November, 1868, was levied upon four thousand eight hundred pounds of cotton seed, four thousand five hundred pounds cotton in the field, four…
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Rule against sheriff. Rent. Homestead. Lien. Before Judge Johnson. Stewart Superior Court. April Term, 1871. Harrell made affidavit that J. K. Davis owed him seven bales of middling cotton, each weighing five hundred pounds, and worth $700 00, for the rent of a plantation for 1868. A distress warrant was issued, and on the 20th of November, 1868, was levied upon four thousand eight hundred pounds of cotton seed, four thousand five hundred pounds cotton in the field, four hundred and ninety-five bushels of cotton seed, three mules and a cow and calf, and two yearlings. This cotton and cotton…
1Opinion of the Court
McCay, Judge.
We decided in the case of Davis vs. Meyers, 41 Georgia, 95, that the homestead exemption provision of the Constitution did not protect the property set apart, if it was part of the crop made on a rented place, from the debt due for the rent.
We held that rent was, in such a ease, in the nature of purchase-money of the crop, and was included within the exception .
We see nothing to alter our opinion, and we therefore reverse the judgment.
2Cited by4 opinions
- Ex parte BarnesSupreme Court of Alabama · 1887
- Shirling v. KennonSupreme Court of Georgia · 1904
- Watson v. WilliamsSupreme Court of Georgia · 1900
- Morrow Transfer & Storage Co. v. WhitsonCourt of Appeals of Georgia · 1917