Gray Bros. v. Higgs

Court of Appeals of Georgia

Gray Bros. v. Higgs

88 S.E. 709, 18 Ga. App. 22, 1916 Ga. App. LEXIS 85

CourtCourt of Appeals of Georgia

DecidedApril 25, 1916

Docket7029

StatusPublished

This text of 88 S.E. 709 (Gray Bros. v. Higgs) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gray Bros. v. Higgs, 88 S.E. 709, 18 Ga. App. 22, 1916 Ga. App. LEXIS 85 (Ga. Ct. App. 1916).

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Opinion

Russell, C. J.

Personalty set apart under tlie law contained in section 3416 et seq. of the Civil Code of 1910, providing for what is commonly known as the “pony homestead,” is not subject to levy and sale except for purchase-money and taxes, Civil Code, § 3423. Consequently the trial judge correctly held that a horse upon which a livery-stable keeper claimed a lien for its keep, but which was subsequently set apart to the claimant as the head of a family under these provisions of the code, was exempt from levy and sale under the lien. Jones v. Spillers, 9 Ga. App. 473-476 (71 S. E. 777); Watson v. Williams, 110 Ga. 321 (35 S. E. 344). Judgment affirmed.

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Russell, C. J.

Personalty set apart under tlie law contained in section 3416 et seq. of the Civil Code of 1910, providing for what is commonly known as the “pony homestead,” is not subject to levy and sale except for purchase-money and taxes, Civil Code, § 3423. Consequently the trial judge correctly held that a horse upon which a livery-stable keeper claimed a lien for its keep, but which was subsequently set apart to the claimant as the head of a family under these provisions of the code, was exempt from levy and sale under the lien. Jones v. Spillers, 9 Ga. App. 473-476 (71 S. E. 777); Watson v. Williams, 110 Ga. 321 (35 S. E. 344). Judgment affirmed.

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Bluebook (online)

88 S.E. 709, 18 Ga. App. 22, 1916 Ga. App. LEXIS 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-bros-v-higgs-gactapp-1916.

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