Gibbs v. Land
Supreme Court of Georgia
Complaint for land. Before Judge Whipple. Wilcox superior court. March 24, 1910. Bebecca Gibbs instituted suit against Henry Land in behalf of herself and of Emma Gibbs (by marriage Emma Young), G. B. Gibbs, Anna Gibbs, L. D. Gibbs, W. T. Gibbs, and S. Y., Gibbs, for recovery of a certain tract of land and mesne profits.
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Complaint for land. Before Judge Whipple. Wilcox superior court. March 24, 1910. Bebecca Gibbs instituted suit against Henry Land in behalf of herself and of Emma Gibbs (by marriage Emma Young), G. B. Gibbs, Anna Gibbs, L. D. Gibbs, W. T. Gibbs, and S. Y., Gibbs, for recovery of a certain tract of land and mesne profits. It was alleged, that Bebecca Gibbs was the widow and the other plaintiffs were minor children of J. P. Gibbs at the time of his death in 1902; that afterward the land in dispute was set apart to all of the plaintiffs as a year’s support; that Bebecca Gibbs had never had any…
1Opinion of the CourtAtkinson, J.
1. The ruling announced in the first headnote results from-the statute, Civil Code (1910), § 4041 (Civil Code (1895), § 3465), which authorizes the setting apart of property of a decedent for the support of the family. The declared object of the statute in authorizing the property to be set apart is “to make provision for the support of the family.” -The right of a family for such purpose to property so set apart is made to rank with necessary expenses of administration, and is “preferred before all other debts.” This statute, having for its special object provision for the temporary support…
2Cases cited3 opinions
- Ragan v. ShiverSupreme Court of Georgia · 1908
- Hill v. Van DuzerSupreme Court of Georgia · 1900
- Vandigrift v. PottsSupreme Court of Georgia · 1884
3Cited by14 opinions
- Echols v. GreenSupreme Court of Georgia · 1913
- Jones v. CoonerSupreme Court of Georgia · 1911
- Walden v. WaldenSupreme Court of Georgia · 1940
- Simpson v. KelleySupreme Court of Georgia · 1930
- Hendrix v. Bank of PortalSupreme Court of Georgia · 1929
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