Alley v. Holcomb

Supreme Court of Georgia

Alley v. Holcomb

73 Ga. 109

DecidedMarch 4, 1884

StatusPublished

This text of 73 Ga. 109 (Alley v. Holcomb) 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

Alley v. Holcomb, 73 Ga. 109 (Ga. 1884).

Pincite

Opinion

Hall, Justice.

[A fi.fa. in favor of W. C. Alley against Green B. Holcomb et al. was levied on certain land as the property of Holcomb. He filed an affidavit of illegality, on the ground that he had been discharged in bankruptcy, and the land levied on was his exemption set apart in the bankrupt court. The case was submited to the court without a jury, on an agreed statement of facts, in brief, as follows ; In' [110]*1101889, plaintiff recovered the judgment under which the fi. fa. issued. The action was for trespass quare clausum fregii, based on the burning of a bam by defendant in 1864. In 1870, the defendant applied to the ordinary for the setting apart of a homestead, hut his application failed. Tn 1873, he was adjudged a bankrupt, and was discharged in 1875. This land was set apart to him as an exemption. Plaintiff did not prove his debt in the bankrupt court.

The court held the land not subject, and sustained the illegality. Plaintiff excepted.]

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Hall, Justice.

[A fi.fa. in favor of W. C. Alley against Green B. Holcomb et al. was levied on certain land as the property of Holcomb. He filed an affidavit of illegality, on the ground that he had been discharged in bankruptcy, and the land levied on was his exemption set apart in the bankrupt court. The case was submited to the court without a jury, on an agreed statement of facts, in brief, as follows ; In' [110]*1101889, plaintiff recovered the judgment under which the fi. fa. issued. The action was for trespass quare clausum fregii, based on the burning of a bam by defendant in 1864. In 1870, the defendant applied to the ordinary for the setting apart of a homestead, hut his application failed. Tn 1873, he was adjudged a bankrupt, and was discharged in 1875. This land was set apart to him as an exemption. Plaintiff did not prove his debt in the bankrupt court.

The court held the land not subject, and sustained the illegality. Plaintiff excepted.]

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Bluebook (online)

73 Ga. 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alley-v-holcomb-ga-1884.