Legal Opinion

Williams v. Webb

Supreme Court of Georgia

Decided August 18, 1896PublishedCited by 1 opinion

Equitable petition. Before Judge Reese. Hancock superior court. August term, 1895.

1Opinion of the CourtLumpkin, J.

1. A married woman who was not living separate and apart from her husband was not, under the constitution of 1868, entitled to have a homestead set apart to herself out of her own property. Bechtoldt v. Fain et al., 71 Ga. 495.

2. This being so, proceedings instituted in her behalf for setting apart such a homestead were, though carried to' final approval by the ordinary, absolutely void, and constituted no obstacle to a sale, under an execution against her, of the property sought to be exempted. Judgment affirmed.

2Cases cited1 opinion

  1. Bechtoldt v. FainSupreme Court of Georgia · 1884

3Cited by1 opinion

  1. Jackson v. WilliamsSupreme Court of Georgia · 1907