Akin v. Geiger

Supreme Court of Georgia

Akin v. Geiger

52 Ga. 407

DecidedJuly 15, 1874

StatusPublished

This text of 52 Ga. 407 (Akin v. Geiger) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Akin v. Geiger, 52 Ga. 407 (Ga. 1874).

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Opinion

McCay, Judge.

We see no error in the judgment sustaining the demurrer. The homestead is only an exemption of the property from the debts of the intestate, and the only effect of having the specific land covered by the devise set off as a homestead, was to protect it against the debts. It could not affect the heirs any way, unless, by lying still, they permitted it. The marriage of the wife takes from her devise the protection the homestead gave it, and that is all. There was nothing in the laying off' the homestead inconsistent with the will. It rather sought Ho give it effect than to deny it, or any of its provisions.

Judgment affirmed.

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McCay, Judge.

We see no error in the judgment sustaining the demurrer. The homestead is only an exemption of the property from the debts of the intestate, and the only effect of having the specific land covered by the devise set off as a homestead, was to protect it against the debts. It could not affect the heirs any way, unless, by lying still, they permitted it. The marriage of the wife takes from her devise the protection the homestead gave it, and that is all. There was nothing in the laying off' the homestead inconsistent with the will. It rather sought Ho give it effect than to deny it, or any of its provisions.

Judgment affirmed.

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Bluebook (online)

52 Ga. 407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/akin-v-geiger-ga-1874.