Robson v. Rawlings
Supreme Court of Georgia
Homestead. Exemptions. Evidence. Nonsuit. Before Judge Lumpkin. Washington Superior Court. March Term, 1887. Both applications embraced the same land and personalty, including three mules and fourteen hogs, the first filed in 1883, the second in 1885, immediately after final judgment denying the first, which failed because the applicant was a married woman, not the head of a family, and could not, as such head, have a homestead in her own property (see 74 Gra. 823); the…
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Homestead. Exemptions. Evidence. Nonsuit. Before Judge Lumpkin. Washington Superior Court. March Term, 1887. Both applications embraced the same land and personalty, including three mules and fourteen hogs, the first filed in 1883, the second in 1885, immediately after final judgment denying the first, which failed because the applicant was a married woman, not the head of a family, and could not, as such head, have a homestead in her own property (see 74 Gra. 823); the second alleged that she was an infirm person and had the care and support of a dependent female, her minor daughter, etc.;…
1Opinion of the Court
Bleckley, Chief Justice,
(after stating the' above facts.)
1. If this property was' sold subject to the exemption right, if it was so understood, and brought only a fraction of its value, this lady has a remedy in equity, if not at law, against the purchaser. She has a right, based upon ■ sound equitable faets and principles, to have the enjoyment of this property, to effectuate the right in contemplation of which the sale was made, and the purchase at that sale consummated. Now that there is so little distinction between legal and equitable remedies, that right can be administered in a…
2Cases cited1 opinion
- Mercier v. MercierSupreme Court of Georgia · 1871
3Cited by7 opinions
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- Wails v. FarringtonSupreme Court of Oklahoma · 1911
- Farmers' & Merchants' Bank of Vandalia v. MainesCourt of Appeals for the Sixth Circuit · 1910
- Allen v. BrownSupreme Court of Georgia · 1889
- Mitchell & Co. v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1925
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