113 Ga. 1028 | Ga. | 1901
This was a claim case, in which the following facts appeared from the evidence: In May, 1900, H.'H. Webb brought ■suit against Mrs. A. L. Hendrix upon a promissory note dated November 12, 1894. This note “contained the usual homestead waiver,” and its payment was secured by a deed to the property now in controversy, executed by the maker for that purpose. In this suit Mrs. Hendrix filed a plea of usury, but the plea was not sustained, and on May 8, 1900, Webb recovered judgment on the note. Thereafter he made to Mrs. Hendrix a reconveyance of the property described in her deed to him, and on May 12, 1900, execution was issued on the judgment, and levied on the land described in the two deeds mentioned. To this levy Mrs. Hendrix .and Effie Yiola Hendrix, on August 2,1900, interposed a claim as beneficiaries of a homestead. It appears from the evidence that on May 31, 1900, Mrs. Hendrix filed in the court of ordinary a petition praying that the property now in dispute be set apart as a homestead and exemption for the benefit of herself and Effie Yiola Hendrix, an adopted daughter. H. H. Webb and another, as creditors, filed a caveat containing the “ statutory objections.” On the hearing the objections were overruled, and the homestead allowed, August 1,1900. The caveators appealed from the judgment of the ordinary, allowing the homestead, to the superior court, making therein certain amendments to their objections. The appeal was dismissed in the superior court, and the homestead allowed and approved bythat court on August 6,1900. The court directed a verdict finding the property subject. The claimants filed a motion for a new trial, which was overruled, and Mrs. Hendrix excepted.
Judgment affirmed.