58 Ga. 119 | Ga. | 1877
This case came before the court below on an affidavit of illegality to an execution issued against the defendant, which was, by agreement of the parties, submitted to the consideration and judgment of the court, without the intervention of a jury. The court overruled the grounds of illegality taken by the defendant in his affidavit, whereupon the defendant excepted.
The grounds of illegality alleged by the defendant in his affidavit were, that on the second day of December, 1873, he entered into an agreement in writing with the plaintiff’s attorney, which was entered on the execution and signed by the parties as follows: “ It is agreed between the parties that upon the payment of one hundred dollars on or before the first day of January next, and one hundred dollars on or before the first day of January, 1875, this fi. fa., and the judgment upon which it is issued, shall be considered as settled, paid off, and discharged.” That afterwards, on the 16th of December, 1873, the defendant was adjudicated a bankrupt, and that on the 10th of November, 1874, he obtained his final discharge in bankruptcy from all his debts and liabilities; that the land levied on was set apart to him as a homestead exemption under the provisions of the law of force in this state in 1864, and that he is entitled to seventy acres of the lands levied on, together with the dwelling-house and improvements, not exceeding two hundred dollars in value, as a homestead for himself and family of minor
Let the judgment of the court below be affirmed.