78 Ga. 12 | Ga. | 1887
Wight instituted a proceeding to foreclose a mortgage upon certain lands, which had been executed and delivered to him by Mrs. Margaret A. Mims to secure certain notes held by Wight against her. Minnie Mims and others, the children of Margaret, appeared and filed a plea to this foreclosure, in which they alleged that, in 1872, their father, W. R. Mims, applied to the ordinary and had set apart as a homestead the said land in said mortgage mentioned, and they were the beneficiaries in said homestead estate; that afterwards their father and mother borrowed from one Trulock $300, and they executed a deed to Trulock to secure the notes given for this money; that Trulock transferred the title and the note to George A. Wight; that Wight entered on this deed a memorandum that he was to make W. R. Mims and Margaret A. Mims a bond for title to this land; that after this, there were certain fi. fas. issued upon judgments founded on claims against W. R. Mims, which existed prior to the constitution of 1868; that said Mims entered into a contract with McGill & O’Neal and Babbitt & Warfield, that the lands mentioned were to be sold under said execution, and they were to purchase the same; that he afterwards borrowed from George A. Wight $150, in order to pay McGill & O’Neal and Babbitt & Warfield the money which they had thus paid in order to protect the homestead estate, and consented that McGill & O’Neal and Babbitt & Warfield should convey to George A. Wight the said lands; that Mims became indebted to George A. Wight in another sum of money, about $1,500 ; that he paid Wight out of the proceeds of the homestead estate