Wade v. Weslow & Co.
Supreme Court of Georgia
Homestead. Income. Charge of Court. New trial. Before Judge Tompkins. Pierce Superior Court. March Term, 1878. This case arose upon the levy of an execution in favor of Weslow & Co. against Wade, as surviving partner of S. H. W ade & Co., upon one hundred and fifty sheep, and a claim filed thereto by Wade upon the ground that such sheep constituted a part of his exemption under the homestead law. The jury found the property subject.
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Homestead. Income. Charge of Court. New trial. Before Judge Tompkins. Pierce Superior Court. March Term, 1878. This case arose upon the levy of an execution in favor of Weslow & Co. against Wade, as surviving partner of S. H. W ade & Co., upon one hundred and fifty sheep, and a claim filed thereto by Wade upon the ground that such sheep constituted a part of his exemption under the homestead law. The jury found the property subject. A motion for a new trial was made by claimant, which was overruled by the court in the following judgment: “ The sole question in this ease was this : whether,…
1Opinion of the Court
Bleckley, Justice.
1. Assuming that the sheep levied upon were purchased and paid for with the proceeds of cotton grown on the realty after it wras set apart as a homestead, and of hauling done by the debtor with animals embraced in the exempt personalty, (as a portion of the evidence in the record indicates, though other portions of it strongly tend to negative any such conclusion) the question is, do these sheep constitute a part of the homestead property, or are they out of the protection of the homestead and exemption laws, and subject to an ordinary judgment against the debtor ? According…
2Cited by8 opinions
- Coates v. CaldwellTexas Supreme Court · 1888
- Taylor v. JamesSupreme Court of Georgia · 1899
- Kupferman v. BuckholtsSupreme Court of Georgia · 1884
- King v. SkellieSupreme Court of Georgia · 1887
- Butler & Heath v. ShiverSupreme Court of Georgia · 1887
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