Kirkpatrick Hardware Co. v. Rogers

Court of Appeals of Georgia

Kirkpatrick Hardware Co. v. Rogers

134 S.E. 806, 35 Ga. App. 790, 1926 Ga. App. LEXIS 1125

CourtCourt of Appeals of Georgia

DecidedOctober 2, 1926

Docket16734

StatusPublished

This text of 134 S.E. 806 (Kirkpatrick Hardware Co. v. Rogers) 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

Kirkpatrick Hardware Co. v. Rogers, 134 S.E. 806, 35 Ga. App. 790, 1926 Ga. App. LEXIS 1125 (Ga. Ct. App. 1926).

Pincite

Opinion

Stephens, J.

1. While a lien existing upon a bankrupt’s property more than four months prior to the filing of the petition in bankruptcy is not affected by the bankrupt’s discharge, a homestead exemption authorized under the State law will defeat -an enforcement of the lien. Evans v. Rounsaville, 115 Ga. 684 (42 S. E. 100) ; Barrett v. Durham, 80 Ga. 336 (5 S. E. 102).

2. A homestead exemption set aside by the bankrupt court is as effective as if set aside in the State court. Ross v. Worsham, 65 Ga. 624.

3. Property not exempt from the enforcement of an existing lien may become exempt upon grounds of exemption afterwards arising, as when a judgment creditor has an existing lien upon the property of his debtor which is not subject to homestead and the debtor afterwards marries and thereby becomes entitled to a homestead exemption upon the property.

4. In a suit by the judgment creditor against the debtor, to subject to the plaintiff’s debt, funds arising from the sale of the property so exempted, a verdict for the defendant was authorized.

Judgment affirmed.

Jenldns, P. J., and Bell, J., concur.

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