Legal Opinion

Palmer v. Simpson

Supreme Court of Georgia

Decided February 20, 1883PublishedCited by 5 opinions

Homestead. Practice in Superior Court. Equity. Estates, Wills. Constitutional Law. Vendor and Purchaser. Liens. Before F. H. COLLEY, Esq., Judge pro hac vice. Wilkes Superior Court. May Adjourned Term, 1882. A house and lot, in the town of Washington, was sold by the sheriff under two ft. fas. against George Palmer; the first in favor of A. Franklin, the second in favor of W. W, Simpson.

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Homestead. Practice in Superior Court. Equity. Estates, Wills. Constitutional Law. Vendor and Purchaser. Liens. Before F. H. COLLEY, Esq., Judge pro hac vice. Wilkes Superior Court. May Adjourned Term, 1882. A house and lot, in the town of Washington, was sold by the sheriff under two ft. fas. against George Palmer; the first in favor of A. Franklin, the second in favor of W. W, Simpson. The money was brought into court and distributed under rule, the following claims therefor being placed in the hands of the sheriff: (1.) The record of a homestead set apart to George Palmer, July 21, 1879.…

1Opinion of the Court

Jackson, Chief Justice.

This case arose on a money rule to distribute a fund in court. The contestants were Simpson, the defendant in error, various judgment creditors, and the defendant in execution and his wife, who claimed part of the fund under homestead set apart to them, plaintiffs in error.

1. In respect to the homestead claim of defendant in execution, it is enough to say that the homestead is set apart subject to the purchase money rights now in the hands of Simpson. Therefore, he can claim nothing against Simpson. Of course the exception of this purchase money included interest as…

2Cases cited4 opinions

  1. Lester v. Piedmont & Arlington Life InsuranceSupreme Court of Georgia · 1875
  2. Isaacs v. TinleySupreme Court of Georgia · 1877
  3. Moore v. FrostSupreme Court of Georgia · 1879
  4. Scroggins v. HoadleySupreme Court of Georgia · 1876

3Cited by5 opinions

  1. Crowell v. AkinSupreme Court of Georgia · 1921
  2. Dozier v. McWhorterSupreme Court of Georgia · 1901
  3. Cates v. DuncanSupreme Court of Georgia · 1936
  4. Thomas v. American Freehold Land & Mortgage Co. of London, Ltd.U.S. Circuit Court for the Southern District of Georgia · 1891
  5. Koch v. BrockhanSupreme Court of Georgia · 1900

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