Stewart v. Stisher
Supreme Court of Georgia
Homestead. Exemptions. Debtor and creditor. Judgments. Promissory notes. Interest and usury. Evidence. Before Judge Richard H. Clark. Douglas superior court. July adjourned term, 1888. A ft. fa. issuing from the county court iu favor of W. J. Stewart against Newton Stisher, upon a judgment rendered April 27th, 1885, was levied upon certain land, to which the wife of the defendant interposed a claim.
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Homestead. Exemptions. Debtor and creditor. Judgments. Promissory notes. Interest and usury. Evidence. Before Judge Richard H. Clark. Douglas superior court. July adjourned term, 1888. A ft. fa. issuing from the county court iu favor of W. J. Stewart against Newton Stisher, upon a judgment rendered April 27th, 1885, was levied upon certain land, to which the wife of the defendant interposed a claim. At the trial, the plaintiff' introduced in evidence, in addition to this ft. fa., the original declaration in the suit upon which it was founded, together with a copy of the note sued…
1Opinion of the Court
Bleckley, Chief Justice.
1. The land levied upon by virtue of a fi. fa. in favor of Stewart against Stisher, was set apart as a homestead, upon the application of Mrs. Stisher, but Stewart was not notified as a creditor, nor was his name included in the list .of creditors. For this reason, the *300homestead proceedings were void as to him. Wheeler & W. Co v. Christopher, 68 Ga. 635; Boroughs v. White, 69 Ga. 842. It was said in the argument that the wife of a debtor is not supposed to know all his creditors. But she must know them if she wishes to bind them. In taking homestead she represents her…
2Cases cited5 opinions
- McLaws v. MooreSupreme Court of Georgia · 1889
- Owen v. GibsonSupreme Court of Georgia · 1885
- Hightower v. Beall, Spears & Co.Supreme Court of Georgia · 1880
- Thompson v. GowenSupreme Court of Georgia · 1887
- Wheeler & Wilson Manufacturing Co. v. ChristopherSupreme Court of Georgia · 1882
3Cited by9 opinions
- Bank of Forsyth v. GammageSupreme Court of Georgia · 1899
- Evans v. Piedmont National Building & Loan Ass'nSupreme Court of Georgia · 1903
- Barfield v. JeffersonSupreme Court of Georgia · 1890
- Swift v. DederickSupreme Court of Georgia · 1898
- Hadden v. FuquaSupreme Court of Georgia · 1942
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