Harkins v. Arnold
Supreme Court of Georgia
Homestead. Domicil. Before Judge Parrott. Gordon Superior Court. February Term, 1872. Clement Arnold, as next friend of Mary A. Darnell, formerly Mary A. Cobot, widow of F. M. Cobot, deceased, and of Mark Cobot, Norman F. Cobot, Frederick M. Cobot and John P. Cobot, minor children of said F. M. Cobot, petitioned the Ordinary of Gordon county to have a homestead set apart for the benefit of said widow and minors in the real estate of said F. M. Cobot.
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Homestead. Domicil. Before Judge Parrott. Gordon Superior Court. February Term, 1872. Clement Arnold, as next friend of Mary A. Darnell, formerly Mary A. Cobot, widow of F. M. Cobot, deceased, and of Mark Cobot, Norman F. Cobot, Frederick M. Cobot and John P. Cobot, minor children of said F. M. Cobot, petitioned the Ordinary of Gordon county to have a homestead set apart for the benefit of said widow and minors in the real estate of said F. M. Cobot. John Harkins, a creditor, objected, upon the following grounds, to-wit: 1st. Because said applicant has not filed a schedule of the personal…
1Opinion of the Court
Montgomery, Judge.
1. The Act of October 8d, 1868, provides that every person seeking the benefit of the Act “should make out a schedule and description of the personal property claimed by him to be exempt,” etc.
The Act of March 20th, 1869, enacts that “it shall be the duty of such debtor, when he takes steps in the Court of Ordinary, or before the proper Court, to have said exemption of personalty set off to him to make a full and fair disclosure of all the personal property,” etc. Only then when he claims exemption of personalty is it his duty to file a schedule.
2. My associates prefer, in…
2Cited by6 opinions
- Patterson v. PattersonSupreme Court of Georgia · 1951
- Williams v. WilliamsSupreme Court of Georgia · 1970
- Williams v. WilliamsSupreme Court of Georgia · 1940
- Campbell v. CampbellSupreme Court of Georgia · 1973
- Bellamy v. BellamySupreme Court of Georgia · 1939
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