Bryan v. Whitsett
Supreme Court of Georgia
Possessory warrant. Bankruptcy. Before Judge Cole. Dooly Superior Court. October Term, 1869. On the 16th of December, 1868, Mrs. Bryan filed her petition with the Ordinary of said county for the exemption of certain personal property, a wagon and stock worth $250 00, under the “ Homestead Act” of 1868, and it was accordingly set apart for her on the 28th of said month. On the 21st of said month her husband had been adjudged a voluntary bankrupt, under the Act of Congress.
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Possessory warrant. Bankruptcy. Before Judge Cole. Dooly Superior Court. October Term, 1869. On the 16th of December, 1868, Mrs. Bryan filed her petition with the Ordinary of said county for the exemption of certain personal property, a wagon and stock worth $250 00, under the “ Homestead Act” of 1868, and it was accordingly set apart for her on the 28th of said month. On the 21st of said month her husband had been adjudged a voluntary bankrupt, under the Act of Congress. In January, 1869, the Register conveyed all the bankrupt’s property to his assignee in bankruptcy. The assignee, in April,…
1Opinion of the CourtBrown, C. J.
The husband in this case refused to take the benefit of the Homestead and exemption of personal property, for the use of his family, and the wife filed her petition and schedule in the Court of Ordinary, praying to be allowed the property exempt by law for the benefit of the family. After the filing of her petition, and before the order of the Court of Ordinary allowing her the exemption, the husband was adjudged a bankrupt. The property remained on the premises where the husband and wife resided, from the time when the wife filed her petition in the Court of Ordinary till a day or two before…
2Cited by3 opinions
- Morgan v. Community Loan Investment CompanySupreme Court of Georgia · 1943
- Cook v. HyattCourt of Appeals of Georgia · 1945
- Kemp v. PriceCourt of Appeals of Georgia · 1931