Legal Opinion

Roberts, Cranford & Co. v. Devane

Supreme Court of Georgia

Decided November 18, 1907PublishedCited by 8 opinions

Claim. Before Judge Miteliell. Brooks superior court. January 28, 1907. In May, 1898, Boberts, Cranford & Company, in the superior court of Brooks county, obtained a judgment against Sallie Hiers, upon which execution was issued on June 9, 1898, which was on the same date entered on the general execution docket of that county.

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Claim. Before Judge Miteliell. Brooks superior court. January 28, 1907. In May, 1898, Boberts, Cranford & Company, in the superior court of Brooks county, obtained a judgment against Sallie Hiers, upon which execution was issued on June 9, 1898, which was on the same date entered on the general execution docket of that county. On June 2, 1904, this execution was levied upon a certain described portion of lot 412, in the 12th district of Brooks county, to which land F. and E. Devane filed a claim. Hpon the trial of the claim case the plaintiffs put in evidence the execution, and the following…

1Opinion of the CourtFish, C. J.

(After stating the facts.)

1. One ground of the motion for a new trial was, that the court erred in admitting, over the objections of the plaintiffs, the proceedings setting apart a portion of lot 411 as a homestead for thé benefit of the family of J. H. Hiers, the objections urged being, that this evidence was irrelevant, as the land levied on was not referred to in such proceedings, and there was no pleading to authorize the introduction of the evidence, and that it was an effort *608to set up title adverse to that under which claimants held, as plaintiffs had shown that claimants held under a…

2Cases cited3 opinions

  1. Zimmer v. DansbySupreme Court of Georgia · 1876
  2. Beaudrot v. StateSupreme Court of Georgia · 1906
  3. Reed v. HolbrookSupreme Court of Georgia · 1905

3Cited by8 opinions

  1. Ford v. Blackshear Manufacturing Co.Supreme Court of Georgia · 1913
  2. Peretzman v. SimonSupreme Court of Georgia · 1938
  3. Higdon v. WilliamsonSupreme Court of Georgia · 1913
  4. Keener v. AddisCourt of Appeals of Georgia · 1939
  5. Willis v. BozemanSupreme Court of Georgia · 1968

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