Heard v. Downer
Supreme Court of Georgia
Homestead. Reversion. Adults. Before Judge Andrews. Wilkes Superior Court. June Adjourned Term, 1872. This case arose upon the levy of an execution in favor of Benjamin W. Heard, against John Downer, upon a certain tract of land in the county of Wilkes, which was claimed by George Downer and others.
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Homestead. Reversion. Adults. Before Judge Andrews. Wilkes Superior Court. June Adjourned Term, 1872. This case arose upon the levy of an execution in favor of Benjamin W. Heard, against John Downer, upon a certain tract of land in the county of Wilkes, which was claimed by George Downer and others. The issue was submitted to the Court upon the following statement of facts: “In the lifetime of John Downer and his wife, plaintiff obtained judgment against defendant, Downer, upon a debt contracted prior to the 1st day of January, 1861. John Downer then owned and possessed, in fee simple, the…
1Opinion of the Court
McCay, Judge.
The theory of the homestead provision of the Constitution, is to set apart to the sole use of the family of a debtor, what is deemed a support for the family. The Constitution requires the Legislature to pass laws to secure this homestead to the sole use and benefit of the family aforesaid. Obviously, any laws that the Legislature may pass, are to be construed in view of this constitutional provision. The family, and the *631family alone, of the debtor, is the object and intent of the homestead. When and while that exists, the homestead exists, and when that ceases, the homestead…
2Cited by10 opinions
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- Burns v. LewisSupreme Court of Georgia · 1891
- Jolly v. LoftonSupreme Court of Georgia · 1878
- Green v. HambrickSupreme Court of Georgia · 1903
- Jones v. McCrarySupreme Court of Georgia · 1905
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