Legal Opinion

Wilder & Son v. Frederick

Supreme Court of Georgia

Decided April 15, 1881PublishedCited by 12 opinions

Homestead. Pleáding. Trusts. Husband and Wife.' Before Judge Stewart. Houston Superior Court. April Term, 1881. Reported in the decision.

1Opinion of the Court

Crawford, Justice.

An execution in favor of Wilder & Son was levied upon certain land as the property of J. M. Frederick; who claimed it as a homestead for his family.

The facts being undisputed, the case was submitted to the judge without a jury. The homestead was set apart in December, 1873. The execution was founded upon a debt which existed prior to that time, and was for doors and sash, which had been used by defendant on his dwelling-house situated on the land.

1. The first question made by the record is, whether a debt created by the owner of land, before the same is set apart as a…

2Cases cited5 opinions

  1. Willingham & Dunn v. MaynardSupreme Court of Georgia · 1877
  2. Connally v. HardwickSupreme Court of Georgia · 1878
  3. Cowart v. PageSupreme Court of Georgia · 1877
  4. Dicken v. ThrasherSupreme Court of Georgia · 1877
  5. Stokes v. HatcherSupreme Court of Georgia · 1878

3Cited by12 opinions

  1. Burns v. LewisSupreme Court of Georgia · 1891
  2. Langford v. DriverSupreme Court of Georgia · 1883
  3. Braswell & Son v. McDanielSupreme Court of Georgia · 1884
  4. McWilliams v. BonesSupreme Court of Georgia · 1890
  5. Sharp v. American Freehold Land Mortgage Co.Supreme Court of Georgia · 1895

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