Waters v. Waters
Supreme Court of Georgia
Equitable petition. Before Judge Rawlings. Bulloch superior court. April 25, 1905. This case comes up on exceptions to the ruling of the court below sustaining a demurrer to the plaintiff’s petition.
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Equitable petition. Before Judge Rawlings. Bulloch superior court. April 25, 1905. This case comes up on exceptions to the ruling of the court below sustaining a demurrer to the plaintiff’s petition. The allegations of the petition were substantially as follows: In June, 1870, Mrs. Sarah Waters, the petitioner, being then the head of a family consisting of herself and certain minor children, took a homestead, under the constitution of 1868, in described realty, title to which she had acquired some two years previously. In March, 1877, during the continuation of said homestead, and before the…
1Opinion of the CourtCandler, J.
(After stating the facts.) 1. The question, whether Mrs. Waters could, under the constitution of 1868, obtain a valid homestead as the “head of a family” was not raised by counsel either at the trial below or upon the hearing before this-court, but both sides treated the homestead set apart to the plaintiff as in every respect valid. Without going into this question, then,, we come to consider the effect of the deed made by Mrs. Waters to-her son, in which she undertook to convey the fee to the land to her son. While the plaintiff could not convey the homestead property in such a way as to…
2Cases cited3 opinions
- Administrators of Ligon v. RogersSupreme Court of Georgia · 1852
- Huntress v. AndersonSupreme Court of Georgia · 1900
- Perkins Lumber Co. v. WilkinsonSupreme Court of Georgia · 1903
3Cited by14 opinions
- Stephens v. WalkerSupreme Court of Georgia · 1942
- Askew v. ThompsonSupreme Court of Georgia · 1907
- Wardlaw v. WoodruffSupreme Court of Georgia · 1932
- Moughon v. MastersonSupreme Court of Georgia · 1913
- Johnson v. SearsSupreme Court of Georgia · 1945
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