Collier v. Simpson
Supreme Court of Georgia
Bankruptcy. Homestead. Levy and Sale. Mortgage. Attorney and Client. Before Judge Willis. Stewart Superior Court. October Term, 1884. A mortgage fi. fa. in favor of H. Fielder, transferred to W. Ai Rawson, against Mary F. Simpson et al., was levied on cer! ain land, and she interposed an affidavit of illegality.
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Bankruptcy. Homestead. Levy and Sale. Mortgage. Attorney and Client. Before Judge Willis. Stewart Superior Court. October Term, 1884. A mortgage fi. fa. in favor of H. Fielder, transferred to W. Ai Rawson, against Mary F. Simpson et al., was levied on cer! ain land, and she interposed an affidavit of illegality. One ground of this was that the debt on which the .mortgage was founded arose since 1S68 ; that in 1875, defendant was adjudged a bankrupt; that the property levied on was set apart to her as an exemption by the assignee; and that she was discharged in 1876. Plaintiffs demurred to…
1Opinion of the Court
Jackson, Chief Justice.
On a careful examination of the numerous cases cited by the learned and able counsel for plaintiffs in error in the Georgia reports touching this question made by this record, we find ourselves unable to take the case at bar without the principle ruled in Ross, administrator, vs. Worsham, 65 Ga., 624, decided by Judge Hall, now of this bench, as judge pro hacvice below, and affirmed unanimously by this court, tho lato Justice Crawford delivering tho opinion. That principle is that when a homestead and exemption in the bankrupt court is granted by the judge or register,…
2Cases cited1 opinion
- Ross v. WorshamSupreme Court of Georgia · 1880
3Cited by10 opinions
- Jones v. SmithSupreme Court of Georgia · 1904
- Neal v. BoykinSupreme Court of Georgia · 1907
- Evans v. Rounsaville & BrotherSupreme Court of Georgia · 1902
- Broach v. PowellSupreme Court of Georgia · 1887
- Pass v. PassSupreme Court of Georgia · 1942
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