Connally v. Hardwick
Supreme Court of Georgia
Homestead. Presumption. Improvements. Before Judge Hillyek. Fulton Superior Court. April Term, 1878. Archer obtained five justice court judgments against Hardwick as principal, and Connally as security. Connally paid the judgments, took an assignment thereof, and had the executions based thereon levied upon certain real estate as the property of the defendant.
Read the full summary
Homestead. Presumption. Improvements. Before Judge Hillyek. Fulton Superior Court. April Term, 1878. Archer obtained five justice court judgments against Hardwick as principal, and Connally as security. Connally paid the judgments, took an assignment thereof, and had the executions based thereon levied upon certain real estate as the property of the defendant. Mrs. Hardwick claimed the land “as not the property of said F. Hardwick in his own right, as it had been set apart to her and her children on her own application, her husband refusing to apply for a homestead, under the homestead and…
1Opinion of the Court
Bleckley, Justice.
1. The statute gives the option of the constitutional homestead and exemption, or the exemptions which the constitution of 1868 found already established. Code, §2032. It was the purpose of the constitution to offer larger and more liberal exemptions than before prevailed, not to abrogate or supersede the smaller ones where these might prove satisfactory or. be preferred. The system contemplated was alternative, not exclusive. The well remembered history of the times, together with the contemporary legislation, may suffice as authority for this interpretation.
2. The husband…
2Cases cited1 opinion
- Rogers v. HawkinsSupreme Court of Georgia · 1856
3Cited by11 opinions
- Richardson v. WoodwardCourt of Appeals for the Fourth Circuit · 1900
- McWhorter v. CheneySupreme Court of Georgia · 1904
- Wilder & Son v. FrederickSupreme Court of Georgia · 1881
- Brady v. BradySupreme Court of Georgia · 1881
- Davis v. LumpkinSupreme Court of Georgia · 1899
6 more not listed; retrieve them via the Exa API.