Harrell v. Harrell
Supreme Court of Georgia
Homestead. Actions. Trover. Conversion. Before Judge Simmons. Hodge Superior Court. May Term, 1885. To the report contained in the decision, it is necessary to add only the following: Certain personalty was levied on under a justice court fi. fa. in favor of B. H. Harrell against Wm. L. Harrell. Pending the levy, the defendant applied for an exemption covering the property levied on.
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Homestead. Actions. Trover. Conversion. Before Judge Simmons. Hodge Superior Court. May Term, 1885. To the report contained in the decision, it is necessary to add only the following: Certain personalty was levied on under a justice court fi. fa. in favor of B. H. Harrell against Wm. L. Harrell. Pending the levy, the defendant applied for an exemption covering the property levied on. Pending the application, the property was sold, and defendants, W. W. Harrell and B. H. Harrell, bought it. After the sale, the property was exempted, and the wife of the defendant in fi. fa. brought trover to…
1Opinion of the Court
Blandeord, Justice.
The plaintiff in error brought her action against the defendants to recover certain property which had been exempted to her by the ordinary. The facts showed that pending the application of the plaintiff before the ordinary, the constable, who had levied certain fi. fas. against the husband of plaintiff, and who had been notified of the application of defendant, sold the property levied on, and defendants purchased the same at the constable’s sale. The court charged the jury that, if the defendants bought the property without notice of the application for exemption, their…
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