Legal Opinion

Kilgore v. Beck

Supreme Court of Georgia

Decided December 15, 1869PublishedCited by 9 opinions

Homestead. Injunction. Before Judge Parrott. Murray Superior Court. October Term, 1869. Kilgore’s bill averred as follows: On the 2d of January, 1869, he filed in the Ordinary’s office his application for setting apart and valuation of a homestead, under section 2013 of Irwin’s Code, said application and papers being “all right.”

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Homestead. Injunction. Before Judge Parrott. Murray Superior Court. October Term, 1869. Kilgore’s bill averred as follows: On the 2d of January, 1869, he filed in the Ordinary’s office his application for setting apart and valuation of a homestead, under section 2013 of Irwin’s Code, said application and papers being “all right.” For some cause unknown to Kilgore, the Ordinary took no action on these papers until the 23d of March, 1869. Kilgore had counsel attending to it, and supposed that it was “ all rightthe homestead claimed was sixty acres of land out of the one hundred and sixty acre…

1Opinion of the CourtBrown, C. J.

This was a proceeding to have a homestead laid off to the head of a family, under section 2013 of the Code. .The applicant had filed a petition in the office of the Ordinary, praying that the homestead be laid off, and had accompanied it with a schedule of his property. This was done but a few days prior to the day of sale, and the survey had not been made and returned when tliQ land was sold by the sheriff for the debts of the head of the family. And it is argued that the homestead, under this section of the Code, must now be laid off, under the Act of 3d October, 1868, just as the homestead…

2Cited by9 opinions

  1. Clark v. NirenbaumCourt of Appeals for the Fifth Circuit · 1925
  2. Cook v. HendricksSupreme Court of Georgia · 1916
  3. Jackson v. DuBoseSupreme Court of Georgia · 1891
  4. In Re TrammellDistrict Court, N.D. Georgia · 1925
  5. Rogers v. KimseySupreme Court of Georgia · 1926

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