Peppers v. Cauthen
Supreme Court of Georgia
Equitable petition. Before Judge Meadow. Elbert superior court. November 1, 1913. Cauthen and two McLanahans, for themselves and other creditors who might come in and be made parties, filed their equitable petition against J. G. Peppers, alleging in substance as follows: In November, 1912, Peppers was adjudicated a bankrupt, and a trustee was appointed. The bankrupt applied and had set apart to him out of his estate certain personal and real property as an exemption.
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Equitable petition. Before Judge Meadow. Elbert superior court. November 1, 1913. Cauthen and two McLanahans, for themselves and other creditors who might come in and be made parties, filed their equitable petition against J. G. Peppers, alleging in substance as follows: In November, 1912, Peppers was adjudicated a bankrupt, and a trustee was appointed. The bankrupt applied and had set apart to him out of his estate certain personal and real property as an exemption. Prior to bankruptcy, the bankrupt gave to the plain•tiffs certain promissory notes containing waivers of homestead or…
1Opinion of the CourtLumpkin, J.
1. The motion to dismiss the petition was in the nature of a demurrer on the ground that it showed on its face that the exemption had not been set aside when the petition was filed. This does not appear on the face of the petition. On the contrary the original petition (which was filed on February 7th, 1913) alleged that the bankrupt had applied for and had set apart to him an exemption. The amendment attached a copy of the order of the referee in bankruptcy, deciding certain issues raised by objections which had been filed to the valuation placed upon the property set apart to the bankrupt…
2Cases cited4 opinions
- Taylor Co. v. WilliamsSupreme Court of Georgia · 1913
- Coffey v. MitchellSupreme Court of Georgia · 1913
- Arnwine v. BeaverSupreme Court of Georgia · 1910
- Miller v. AlmonSupreme Court of Georgia · 1905
3Cited by12 opinions
- Georgia Veneer & Package Co. v. Florida National BankSupreme Court of Georgia · 1944
- Werner v. WernerSupreme Court of Georgia · 1943
- Strickland Hardware Co. v. FletcherSupreme Court of Georgia · 1921
- Greyling Realty Corp. v. LawsonSupreme Court of Georgia · 1934
- City of Atlanta v. ScrewsSupreme Court of Georgia · 1942
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