McAfee v. Covington
Supreme Court of Georgia
Judgments. Contracts. Torts. Constitutional Law. Before Judge Hammond. Cherokee County. At Chambers. October 24, 1883. Covington et alt filed their bill against McAfee et alto enjoin the sale of certain property claimed as homestead property. Subsequently, by amendment, it was alleged that the sheriff had offered the property at public outcry, that it was bid off by certain purchasers, and the sheriff would proceed to put them in possession unless injunction issue.
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Judgments. Contracts. Torts. Constitutional Law. Before Judge Hammond. Cherokee County. At Chambers. October 24, 1883. Covington et alt filed their bill against McAfee et alto enjoin the sale of certain property claimed as homestead property. Subsequently, by amendment, it was alleged that the sheriff had offered the property at public outcry, that it was bid off by certain purchasers, and the sheriff would proceed to put them in possession unless injunction issue. The controlling facts were as follows: In 1867, a judgment in a trover case for a mule was rendered against Covington. In 186'9…
1Opinion of the Court
Hall, Justice.
The question to oe determined here is, whether a judgment consequent upon an action for a tort, growing out oi the wrongful conversion of personal property, is a contract within the meaning of art. 1. sec. 10, par. 1, of the constitution of the United States, which forbids a state to pass any law impairing the obligation of a contract. The execution under which the homestead exemption was sold, was obtained prior to the adoption of the state constitution of 1868. If, therefore, that j udgment was the result of a suit founded upon a contract, then, according to the case of Gunn…
2Cases cited5 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Gunn v. BarrySupreme Court of the United States · 1873
- Robinson v. HoweWisconsin Supreme Court · 1861
- Todd v. CrumbU.S. Circuit Court for the District of Ohio · 1850
- Fannin v. DurdinSupreme Court of Georgia · 1875
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- Peel v. BrysonSupreme Court of Georgia · 1884
- City of Rome v. Southern Railway Co.Court of Appeals of Georgia · 1933
- Simmons v. MullenSupreme Court of Oklahoma · 1912