Grace v. Kezar
Supreme Court of Georgia
Homestead. Levy and sale. Estates. Before Judge Gober. Houston superior court. April term, 1890. Claim was interposed by Kezar to land levied on under execution in favor of Grace against Smith. The judge, to whom the case was submitted od the facts stated in the opinion, held the property not subject, and the plaintiff excepted.
1Opinion of the Court
Simmons, Justice.
Under the facts of this case, the court did not err in finding the property not subject. The land was levied on and advertised for sale by the sheriff before Smith made application for a homestead. It was sold by the sheriff, subject to this homestead, after the application was made, but before it was approved by the ordinary. The deed made by the sheriff" to Kezar, the purchaser, recited that the land was “levied on and sold as the property of Patrick Smith, subject to the homestead of said Patrick Smith then pending, of which notice was given at the time and place and…
2Cited by4 opinions
- Jackson v. DuBoseSupreme Court of Georgia · 1891
- Crine v. JohnsSupreme Court of Georgia · 1895
- Gober v. RichardsSupreme Court of Georgia · 1925
- Rogers v. KimseySupreme Court of Georgia · 1933