Warwick v. Maddox

In 1893 certain real estate was regularly offered for sale by the sheriff of Fulton county. The defendant in the fi. fa. had previously applied for a homestead covering the property, naming his wife as sole beneficiary. On the day of the sale, when the property was offered by the sheriff, the defendant and his counsel were present. The counsel, in the presence of the defendant, announced that there was a homestead application pending, and whoever bought the property would buy subject to this application. After such announcement the property was cried off, and C. D. Maddox, being the only…