Rodgers v. Baker

22 S.E. 585, 96 Ga. 800
CourtSupreme Court of Georgia
DecidedJuly 8, 1895
StatusPublished
Cited by1 cases

This text of 22 S.E. 585 (Rodgers v. Baker) 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
Rodgers v. Baker, 22 S.E. 585, 96 Ga. 800 (Ga. 1895).

Opinion

Atkinson, J.

A homestead which has been regularly set apart, can neither be waived nor renounced by the head of the family so as to authorize a levy upon, and sale of, the property so set apart, under an execution issued upon a judgment rendered against him; and if, pending the existence of the homestead, such property be levied upon under such an execution and sold, the sale is void, and a purchaser thereat acquires no title, even though the judgment upon which the execution issued is based upon a promissory note containing a stipulation in which the head of the family does solemnly “waive and renounce the benefit of the homestead.

Judgment affirmed.

Robert L. Rodgers, for plaintiff'. Dorsey, Brewster & Howell, for defendant.

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Related

Russell v. Gilliland
19 Ga. App. 676 (Court of Appeals of Georgia, 1917)

Cite This Page — Counsel Stack

Bluebook (online)
22 S.E. 585, 96 Ga. 800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodgers-v-baker-ga-1895.