Drinkwater v. Moreman
Supreme Court of Georgia
Equity. Warranty. Eviction. Judgments. Homestead. Bankrupt. Before Judge Wright. Dougherty Superior Court. April Term, 1878. On November 19th, 1866, Moreman was the owner of a small farm of eight acres, one mile below Albany. Drink-water owned a lot on Broad street, in the city of Albany, known as lot number 77, and east half of lot number 79. They made an exchange, giving each to the other a warranty deed and possession.
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Equity. Warranty. Eviction. Judgments. Homestead. Bankrupt. Before Judge Wright. Dougherty Superior Court. April Term, 1878. On November 19th, 1866, Moreman was the owner of a small farm of eight acres, one mile below Albany. Drink-water owned a lot on Broad street, in the city of Albany, known as lot number 77, and east half of lot number 79. They made an exchange, giving each to the other a warranty deed and possession. Drinkwater has had the place acquired by him set apart to his family as a homestead. The property exchanged to Moreman was levied on under an execution in favor of Neal…
1Opinion of the Court
Bleckley, Justice.
1. The eviction of Moreman took place under a judgment lien against the land, which existed when Drinkwater con*397veyed with full warranty of title. There was thus a breach of the covenant of warranty. 51 Ga., 81.
2. The covenant itself was older than the constitution of 1868, giving homestead and enlarged exemptions, and though the breach did not become complete until after the constitution took effect, the homestead right is subordinate to the right of the covenantee as a creditor. The material date, on the question of impairing contracts by after legislation, is the date of…
2Cases cited1 opinion
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