118 Ga. 105 | Ga. | 1903
On the 4th day of August, 1898, Mrs. S. E. Milam, Ruby P. Milam, and Pearl L. Milam executed and delivered a promissory note to Samuel Ach & Co., for the principal sum of $1,486.-94. This instrument contained a waiver of all homestead and ex
On the trial the plaintiffs introdriced their note and mortgage,
The plaintiffs objected to the introduction of all of the evidence for the defendant as above set out, on the grounds, (1) that the alleged homestead was void, in that it was set apart at the instance of a married woman not the head of a family, and out of her own property; (2) that the defendants were estopped, by the mortgage and its recitals and covenants, from attemping to set up the homestead as against the plaintiffs; and (3) that the defendants could not set up the alleged homestead, because the same was no defense to the judgment sought in this case, the “ defendants’ remedy, if any, being by claim to levy under execution issued from judgment in this case, or some other remedy not defensive to this suit.” These
The jury, by direction of the court, found a verdict to the effect that the mortgage be foreclosed as to the reversionary interest of the defendants, and there is no reason, under this verdict, why execution should not issue and be levied upon these interests, whatever they may be, and the same sold as provided by law. Therefore nothing herein ruled is contrary to the decisions of this court in Huntress v. Anderson, 110 Ga. 427, and Walker v. Hodges, 113 Ga. 1042. Judgment affirmed.