Gerding & Co. v. Beall
Supreme Court of Georgia
Constitutional law. Homestead. Before Judge Lawson. Putnam Superior Court. March Adjourned Term, 1879. On December 30th, 1878, Fannie Beall, the widow of 'George C. Beall, deceased, applied for a homestead under the constitution and act of 1868. The petition showed the •death of her husband, in October, 1877, that the realty in which the homestead was prayed belonged to his estate, and that she was the head of a family.
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Constitutional law. Homestead. Before Judge Lawson. Putnam Superior Court. March Adjourned Term, 1879. On December 30th, 1878, Fannie Beall, the widow of 'George C. Beall, deceased, applied for a homestead under the constitution and act of 1868. The petition showed the •death of her husband, in October, 1877, that the realty in which the homestead was prayed belonged to his estate, and that she was the head of a family. To this proceeding ■Gerding & Co. demurred upon the ground that the appli•cation should have been made under the constitution of 1877 and not of 1868. The demurrer was…
1Opinion of the Court
Bleckley, Justice.
By the constitution of 1868 the homestead and exemption allowance, counting both realty and personalty, is *562$3,000.00. By the constitution of 1877 it is $1,600.00. The latter instrument, however, declares that “ homesteads, and exemptions of personal property, which have been heretofore set apart by virtue of the provisions of the existing constitution of this state, and in accordance with the laws for the enforcement thereof, or which may be hereafter set apart at any time, shall be and remain valid as against all debts and liabilities existing at the time of the adoption of…
2Cases cited1 opinion
- Burns v. ChandlerSupreme Court of Georgia · 1878
3Cited by2 opinions
- Bell v. WhiteheadSupreme Court of Georgia · 1902
- Fountain v. HendleySupreme Court of Georgia · 1889