Legal Opinion

Morgan v. Community Loan Investment Company

Supreme Court of Georgia

Decided April 13, 1943No. 14464PublishedCited by 1 opinion

1Opinion of the Court

Jenkins, Justice.

1. The Code, § 51-1504, expressly extends to “intestate insolvent estates” the benefit of the statutory homestead and exemption which is given by §§ 51-1301 et seq., “in all cases where there is living a widow or child of the intestate.”

2. Where the widow of an insolvent intestate thus proceeds to obtain an exemption of personal property, there is no necessity to resort to equity to prevent the property from beihg seized and sold by a creditor of the intestate, pending the filing and record of her schedule, or after such filing and record. Mapp v. Long, 62 Ga. 568 (3), 572,…

2Cases cited16 opinions

  1. West v. BennettSupreme Court of Georgia · 1877
  2. Kirby v. ReeseSupreme Court of Georgia · 1882
  3. Johnson v. Griffin Banking & Trust Co.Supreme Court of Georgia · 1876
  4. Thaxton v. RobertsSupreme Court of Georgia · 1881
  5. Mozley & Co. v. FontanaSupreme Court of Georgia · 1905

11 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Slade v. BarberSupreme Court of Georgia · 1946

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