80 Ga. 25 | Ga. | 1888
This was a bill to enjoin Sheppard from turning out the wife of Lamar from the possession of a certain tract of land. It appears, from the allegations in the bill and the facts in proof, that this land had been set apart as a homestead to Lamar as the head of a family; and that it was afterwards levied upon under two tax executions against Lamar, and sold at sheriff’s sale to Sheppard for $15.00. It is contended by the plaintiffs in error that after Sheppard bought the land, and within the time prescribed by law, the amount of money required to redeem the land was tendered to Sheppard, and that Sheppard refused to receive the amount tendered and allow them to redeem. This was denied by Sheppard. Contradictory affidavits on the part of Lamar and Sheppard were read to the court. Under the circumstances, the court refused an injunction, and this is excepted to by the plaintiffs in error.
Judgment affirmed.