Fountain v. Hendley
Supreme Court of Georgia
Homestead. Guardian and ward. Injunction and receiver. Before Judge Kibbee. Pulaski county. At chambers, December 29, 1888. On April 12, -1872, Edna Hendley filed with the ordinary a petition for a homestead in the property of her husband, John A. Hendley, who died in December, -1871, for the benefit of herself and her minor children, naming them.
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Homestead. Guardian and ward. Injunction and receiver. Before Judge Kibbee. Pulaski county. At chambers, December 29, 1888. On April 12, -1872, Edna Hendley filed with the ordinary a petition for a homestead in the property of her husband, John A. Hendley, who died in December, -1871, for the benefit of herself and her minor children, naming them. In this petition, the land from which the homestead was sought to be set apart is referred to as the home place, and the numbers of the land lots are given. Attached was a schedule setting forth certain personalty, and stating that “the estate of…
1Opinion of the Court
Bleckley, Chief Justice.
The facts are stated in the official report. Mrs. Hendley, in 1872, obtained a- homestead in all of the realty of which her husband died seized. She applied for it both as the head of a family and as guardian for her minor children. There were various irregularities and omissions in the proceedings, but we treat them as substantially sufficient. We differ, however, with the court below in the construction ■ of their legal effect. The constitution of 1868 and the statutes carrying the same into effect, gave the right of homestead both to the heads of families and to the…
2Cases cited11 opinions
- Raley v. RossSupreme Court of Georgia · 1877
- Hodo v. Johnson & HeathSupreme Court of Georgia · 1869
- Roff, Sims & Co. v. JohnsonSupreme Court of Georgia · 1869
- Faircloth v. St. JohnsSupreme Court of Georgia · 1872
- Madden v. JonesSupreme Court of Georgia · 1885
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3Cited by1 opinion
- Winn v. BridgesSupreme Court of Georgia · 1916