Hudson v. Lamar, Taylor & Riley Drug Co.

49 S.E. 735, 121 Ga. 835, 1905 Ga. LEXIS 88

Opinion

Lamar, J.

This case is controlled by the ruling in Bell v. Dawson Grocery Co., 120 Ga. 628, wherein it was held, that pending the bankruptcy proceedings the holder of a note containing a waiver of homestead has no remedy at law, but must enforce his rights arising from the waiver in a court of equity.

Judgment reversed.

All the Justices concur. M. A. Hawkins, for plaintiff in error. Lane & Park, contra.