Legal Opinion

Simmons v. Anderson

Supreme Court of Georgia

Decided January 15, 1876PublishedCited by 9 opinions

Constitutional law. Homestead. Waiver. Befoi-e Judge Wright. Monroe Superior Court. September Term, 1875. Reported in the decision.

1Opinion of the Court

Warner, Chief Justice.

This was a claim case which was submitted to the decision of the court without the intervention of a jury, on the following agreed statement of facts: “That the defendant in fi.fa., James M. Simmons, on the 27th day of March, 1873, executed to the plaintiff, W. W. Anderson, a mortgage upon one hundred acres of land; that said instrument was signed, sealed and delivered with all the solemnity necessary under the law» and is in all respects a valid mortgage; that in said instrument the said Simmons waived for himself and family all right to a homestead to or out of said…

2Cited by9 opinions

  1. Broach v. PowellSupreme Court of Georgia · 1887
  2. Speidel & Co. v. SchlosserWest Virginia Supreme Court · 1879
  3. Traders Investment Co. v. Macon Railway & Light Co.Court of Appeals of Georgia · 1907
  4. In re WoodruffDistrict Court, S.D. Georgia · 1899
  5. Flanders & Son v. WellsSupreme Court of Georgia · 1878

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