Legal Opinion

Skinner v. Roberts

Supreme Court of Georgia

Decided April 3, 1893PublishedCited by 8 opinions

Levy and claim. Before Judge Milner. Floyd superior court. March term, 1892. A mortgage fi. fa. in favor of Roberts, transferee of Tallman, against Mrs. Margaret A. Skinner, dated July 31, 1891, was levied upon the lands therein described; Mrs. Skinner interposed a claim for herself as widow, and as next friend for the minor children, of J. J. Skinner, alleging that she and they were the beneficiaries of a homestead set apart in the property.

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Levy and claim. Before Judge Milner. Floyd superior court. March term, 1892. A mortgage fi. fa. in favor of Roberts, transferee of Tallman, against Mrs. Margaret A. Skinner, dated July 31, 1891, was levied upon the lands therein described; Mrs. Skinner interposed a claim for herself as widow, and as next friend for the minor children, of J. J. Skinner, alleging that she and they were the beneficiaries of a homestead set apart in the property. The jury found the property not subject. Plaintiff moved for a new trial, which was granted. Claimant excepted, alleging that none of the grounds in the…

1Opinion of the Court

*367 Judgment affirmed.

It appears from the evidence that the mortgage from Mrs. Skinner to Tallman, upon which the fi. fa. was based, was dated October 3, 1883, and stated that the lands were unincumbered and her title thereto perfect. On September 27, 1876, A. C. Morrison conveyed the land to Mrs. Skinner by warranty deed. It was conveyed by the sheriff to S. C. Trout, by deed dated July 2, 1878, under a tax fi.fa. against J. J. Skinner for State and county taxes for 1875, and plaintiff introduced tax fi. fas. for 1875 and 1876, both of which appeared by entries thereon to have been duly levied…

2Cited by8 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. MuseTexas Supreme Court · 1919
  2. Long v. ScanlanSupreme Court of Georgia · 1898
  3. Byrd v. GoodmanSupreme Court of Georgia · 1943
  4. Soell v. StateCourt of Appeals of Georgia · 1908
  5. Carmichael v. City of JacksonSupreme Court of Georgia · 1942

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