Smith v. Zachry
Supreme Court of Georgia
Injunction, etc. Before Judge Freeman. Troup superior court. June 22, 1906. J. T. Zaehry filed bis equitable petition against J. H. Smith, alleging as follows: On October 17, 1898, plaintiff obtained two judgments against defendant, based on promissory notes containing waivers of all homestead and exemption rights of himself and family under the laws of the State or of the United States.
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Injunction, etc. Before Judge Freeman. Troup superior court. June 22, 1906. J. T. Zaehry filed bis equitable petition against J. H. Smith, alleging as follows: On October 17, 1898, plaintiff obtained two judgments against defendant, based on promissory notes containing waivers of all homestead and exemption rights of himself and family under the laws of the State or of the United States. At the time of the filing of the present petition the aggregate amount of principal, interest, and costs due on the judgments was approximately $800. Executions issued and were levied on October 24, 1898,…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
The evidence was not properly brought up, and can not be considered. The only questions which can be reviewed are the questions of law raised upon the sufficiency of the case made by the petition. All the controlling questions of law have been decided heretofore by this court. The lien upon this land of the judgments-based on notes waiving homestead and exemption rights was not discharged by the adjudication and discharge of the defendant in bankruptcy. The land involved in this controversy was set apart as a homestead by the court of bankruptcy. After the…
2Cases cited7 opinions
- McKenney v. CheneySupreme Court of Georgia · 1903
- Evans v. Rounsaville & BrotherSupreme Court of Georgia · 1902
- Dawson v. Equitable Mortgage Co.Supreme Court of Georgia · 1899
- Hart v. RespessSupreme Court of Georgia · 1892
- Roberts v. MullinderSupreme Court of Georgia · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Maloy v. DixonCourt of Appeals of Georgia · 1972
- Roberts v. City of CairoSupreme Court of Georgia · 1909
- Pope v. United States Fidelity & Guaranty Co.Supreme Court of Georgia · 1942
- Dixon v. TuckerSupreme Court of Georgia · 1929
- Spradlin v. KramerSupreme Court of Georgia · 1917
5 more not listed; retrieve them via the Exa API.