135 Ga. 405 | Ga. | 1910
(After stating the facts.) On the face of the petition it appears that there is an outstanding title to the property which the petitioner sought to have partitioned. While the fact that lands, bought with the proceeds arising from the sale of other lands which had been set apart as a homestead and which are sold for the purpose of reinvestment, are impressed with the character of homestead lands, so far as relate to creditors and to the beneficiaries of the homestead, even where the deed to the land purchased with the proceeds arising from the sale of the homestead property is taken in the name of the wife alone, it does not necessarily follow that after the death of the wife, and the attainment of their majority by the minor beneficiaries under the homestead, a complete and perfect equity to the lands, the equivalent of a legal title, is vested in the-head of the family who was the owner of the land originally set apart as a homestead. Mrs. Georgia Adams, the wife of Thomas Adams, the father of petitioner, was vested with the legal title to the property in controversy. Whether or not she had the equitable title as well, after the extinguishment of the homestead interest, would depend upon the circumstances under which the deed was executed. Whether or not it was executed under such circumstances as would, under the provisions of § 3160 of the Civil Code, vest her with the equitable title, is not here for decision at this time; nor is the question as to whether the deed to Mrs.
