Hart v. Evans
Supreme Court of Georgia
Homestead. Levy and sale. Statute of limitations. Before Judge Lumpkin. Taliaferro superior court. February term, 1887. Homestead of 300 acres set apart to family, at what date does not appear, but most probably under the constitution of 1868; 200 acres of same afterwards conveyed, in 1881, by the head- and his wife to a third person in fee simple, but without, any-leave or order.
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Homestead. Levy and sale. Statute of limitations. Before Judge Lumpkin. Taliaferro superior court. February term, 1887. Homestead of 300 acres set apart to family, at what date does not appear, but most probably under the constitution of 1868; 200 acres of same afterwards conveyed, in 1881, by the head- and his wife to a third person in fee simple, but without, any-leave or order. In 1887, creditor made affidavit disclosing this conveyance, and that minor beneficiaries had all become of age, as in fact they had. Thereupon the 200 acres conveyed, but still in possession of head and his wife,…
1Opinion of the Court
Bleckley, Chief Justice,
(after stating the above facts.)
1. The constitution of 1868 declares that each head of a family shall be entitled to a homestead of realty to the value of $2,000 in specie, to be valued at the time it is set apart; and no court or ministerial officer in this State shall ever have jurisdiction or authority to enforce any judgment, decree or execution against it, except for taxes, money borrowed and expended in improvement of the. homestead, or for the purchase money of the same, and for labor done thereon or material furnished therefor, or removal of encumbrances…
2Cases cited1 opinion
- Van Horn v. McNeillSupreme Court of Georgia · 1887
3Cited by12 opinions
- Towns v. MathewsSupreme Court of Georgia · 1893
- Dozier v. McWhorterSupreme Court of Georgia · 1901
- Huntress v. AndersonSupreme Court of Georgia · 1900
- Cohutta Mills, Inc. v. Hawthorne Industries, Inc.Court of Appeals of Georgia · 1986
- Griffin v. GriffinSupreme Court of Georgia · 1922
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