Brooks v. Tinsley

Tinsley and others brought suit in the city court of Newnan against Brooks as the maker of a promissory note alleged *269to have been given to .the plaintiffs as the purchase-price of described real estate. Brooks filed a plea alleging that the consideration of the note had entirely failed, because the land for which the note was given had been set apart to the father of the payees of the note as a homestead under the constitution of 1877, and no order of the superior court had. been granted authorizing the sale of the property, and the plaintiffs therefore could not make to him a valid title to…