West v. McWhorter
Supreme Court of Georgia
Equitable petition. Before Joseph E. Pottle, judge pro hae vice. Greene superior court. January 28, 1913. The petition of Joseph B. "West and others against W. P. Mc-Whorter showed substantially the following facts: Petitioners are the children and heirs at law of John J. West, who died intestate in May, 1899. On January 1, 1874, John J. West owned 115 acres of land in Greene county, Georgia, the subject-matter of this suit.
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Equitable petition. Before Joseph E. Pottle, judge pro hae vice. Greene superior court. January 28, 1913. The petition of Joseph B. "West and others against W. P. Mc-Whorter showed substantially the following facts: Petitioners are the children and heirs at law of John J. West, who died intestate in May, 1899. On January 1, 1874, John J. West owned 115 acres of land in Greene county, Georgia, the subject-matter of this suit. On the last-mentioned date he executed a warranty deed to the land to W. P. McWhorter, to secure 'a debt of $610, which deed remains of record and uncaneeled. On December…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) In the view we take of this case, the homestead set apart to John J. West, as the head of a family, on December 15, 1877, was void, whether it was applied for and set apart under the constitution of 1868 or that of 1877. The record shows that the application for a homestead was filed on December 4, 1877. The return of the county surveyor was made on December 14, 1877. The homestead was approved by the ordinary on December 15, 1877. By the act of 1876 (Acts 1876, p. 48), which was in force at the time the proceedings for the setting apart of a homestead now…
2Cases cited4 opinions
- Fussell v. DennardSupreme Court of Georgia · 1903
- Brady v. BradySupreme Court of Georgia · 1881
- Reid v. JordanSupreme Court of Georgia · 1876
- Mitchell v. BraswellSupreme Court of Georgia · 1877
3Cited by3 opinions
- Cook v. HendricksSupreme Court of Georgia · 1916
- Roberts v. Atlanta Cemetery Ass'nSupreme Court of Georgia · 1917
- King v. KingSupreme Court of Georgia · 1915