111 Ga. 32 | Ga. | 1900
Mrs. Collins made an application for the setting apart of a homestead and exemption of personalty out of the property of her husband as the head of a family consisting of herself and her minor children, it being alleged that he refused to make the application. The realty sought to be set apart consisted of a tract of land containing 341 acres, and the schedule of personalty consisted of numerous items, with the value of each affixed, aggregating $551. The affidavit of the surveyor was to the effect that the land sought to be exempted was worth $1,000. Wood & Brother, creditors of Collins, filed objections to the proceeding, on the grounds that the land was worth $2,500 instead of $1,000, and the personalty contained in the schedule was worth $200 more than the amount therein stated, and that the schedule did not contain “a full disclosure of the personalty of said W. W. Collins, because it does not contain $300 cash and one pistol, value $15.” Appraisers were appointed, who made a return that the realty was worth $1,000 and the personalty $493.75. Wood & Brother entered an appeal to the superior court. The case came on for trial in that court, and the result was a verdict finding “ the land to be worth $1,000, and no personal property fraudulently left out of the schedule.” The case is here upon a bill of exceptions sued out by Wood & Brother, assigning error upon the refusal of the court to grant a new trial in the case at their instance.
Judgment affirmed.