Johnson v. Little
Supreme Court of Georgia
Homestead. Husband and wife. Amendment. Before H. T. Lewis, judge pro hac vice. Putnam superior court. March term, 1892. An application for homestead made by Mrs. Johnson was caveated by Christine Little, who also demurred to the application. Upon the trial before the ordinary the caveat and demurrer were overruled. The cause was carried to the superior court by appeal, where the demurrer was sustained, and Mrs. Johnson excepted.
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Homestead. Husband and wife. Amendment. Before H. T. Lewis, judge pro hac vice. Putnam superior court. March term, 1892. An application for homestead made by Mrs. Johnson was caveated by Christine Little, who also demurred to the application. Upon the trial before the ordinary the caveat and demurrer were overruled. The cause was carried to the superior court by appeal, where the demurrer was sustained, and Mrs. Johnson excepted. The petition alleged, in brief: For years petitioner has had the entire care and support of herself and minor children. Her husband, because of very hard labor in…
1Opinion of the Court
Lumpkin, Justice.
In the case of Neal v. Sawyer et al., 62 Ga. 352, this court decided that a wife living with her husband could not be the head of the family. It is expressly declared in section 1753 of the code that the husband is the head of the family, and this, we apprehend, is still the law, notwithstanding the passage of the act of 1866 declaring that all property of the wife should be and remain her separate estate, the provisions of which ' act were afterwards incorporated in the constitution of 1868 and the present constitution. Consequently, we find no difficulty in holding that a…
2Cases cited3 opinions
- Neal v. SawyerSupreme Court of Georgia · 1879
- Bechtoldt v. FainSupreme Court of Georgia · 1884
- Robson v. WalkerSupreme Court of Georgia · 1885
3Cited by9 opinions
- Weaver v. First National BankSupreme Court of Kansas · 1907
- Palmer v. SawyerNebraska Supreme Court · 1905
- Willbanks v. UntrinerSupreme Court of Georgia · 1896
- Union Trust Co. v. CoxSupreme Court of Oklahoma · 1916
- Fullerton v. SherrillSupreme Court of Iowa · 1901
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