Hilliard v. Hilliard
Supreme Court of Georgia
Complaint for land. Before Judge Meadow. Hart superior court. May 28, 1909. Lyclia Hilliard, a minor, by next friend, brought suit against A. D. Hilliard, J. M. Cannon Sr., G. W. Grizzle, 0. C. Mari-den, F. A. Weaver, E. C. Madden, and L. T. Welrlen, for recovery of possession of certain land and tbe value of its rents.
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Complaint for land. Before Judge Meadow. Hart superior court. May 28, 1909. Lyclia Hilliard, a minor, by next friend, brought suit against A. D. Hilliard, J. M. Cannon Sr., G. W. Grizzle, 0. C. Mari-den, F. A. Weaver, E. C. Madden, and L. T. Welrlen, for recovery of possession of certain land and tbe value of its rents. The petition, as amended, in substance alleged, that the defendants were claiming the land under a purchaser at a sheriff’s sale, held on the first Tuesday in May, 1900, where the property was sold as the property of W. A. Hilliard; that under the constitution of 1868 the land…
1Opinion of the CourtAtkinson, J.
1. The homestead was set apart under art. 7 of the constitution of 1868 (Code of 1873, § 5135), which, among other things, declared that “Each head of a family, or guardian or trustee of a family of minor children, shall be entitled to a homestead” of realty and personalty, and that it shall be the duty of the General Assembly to provide by law for the setting apart and valuation of the property, and to enact laws for the full and complete “protection and security of the same to the sole use and benefit of said families as aforesaid.” This put the beneficial use in the family. The case of…
2Cases cited4 opinions
- Pace v. KlinkSupreme Court of Georgia · 1874
- Dismuke v. Eady & Co.Supreme Court of Georgia · 1888
- Nelson v. Commercial BankSupreme Court of Georgia · 1887
- Barfield v. BarfieldSupreme Court of Georgia · 1884
3Cited by3 opinions
- Harper v. LindseySupreme Court of Georgia · 1926
- McKeown v. ArgetsingerSupreme Court of Minnesota · 1938
- Hughes v. PurcellSupreme Court of Georgia · 1910