Legal Opinion

Burnside v. Terry

Supreme Court of Georgia

Decided January 15, 1874PublishedCited by 18 opinions

Deed. Plomestead. Evidence. Attorney and client. Confidential communications. Before J udge Buchanan. Hall .Superior Court. June Adjourned Term, 1873. James W. Burnside brought complaint against Bird Terry, Bowling W. Field and his wife, Levada Field, for lot of land number forty in the tenth district of the county of Hall. The defendant's pleaded the general issue, and also that the title to said land was in Field and his wife.

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Deed. Plomestead. Evidence. Attorney and client. Confidential communications. Before J udge Buchanan. Hall .Superior Court. June Adjourned Term, 1873. James W. Burnside brought complaint against Bird Terry, Bowling W. Field and his wife, Levada Field, for lot of land number forty in the tenth district of the county of Hall. The defendant's pleaded the general issue, and also that the title to said land was in Field and his wife. Plaintiff relied on a deed made by Field and his wife, two of the defendants, (the other defendant, Terry, being merely a tenant,) said deed dated April 30, 1869, and…

1Opinion of the Court

Trippe, Judge.

1. Burnside had obtained judgments to the amount of $3,000 00 against Field, before 1868. Field, on his own application, iu'1869, had a homestead set apart for himself as the head of a family, consisting of himself and wife. The application is in his own name, and the proceedings in the homestead case show nothing about a family, or that Field was the head of a family. The evidence in the ejectment case proves that he had a wife. A few days after the homestead was assigned, Field executed a deed to Burnside to a part of the land contained in the homestead, worth $1,000 00, in…

2Cited by18 opinions

  1. Brown v. MatthewsSupreme Court of Georgia · 1887
  2. Koeber v. SomersWisconsin Supreme Court · 1901
  3. Collette v. SarrasinCalifornia Supreme Court · 1920
  4. Corvair Furniture Manufacturing Co. v. BullCourt of Appeals of Georgia · 1971
  5. Stone v. MinterSupreme Court of Georgia · 1900

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