Akin v. Geiger

• Decision Date: 31 July 1874
• Citation: 52 Ga. 408
• Court: Georgia Supreme Court
• Parties: Charles P. Akin et al., plaintiffs in error. v. Randal C. Geiger et al., defendants in error.

52 Ga. 408

Charles P. Akin et al., plaintiffs in error. v. Randal C. Geiger et al., defendants in error.

Supreme Court of the State of Georgia

(Atlanta, July Term, 1874.)

Wills. Election. Homestead Before Judge Hall. Jasper Superior Court. August Adjourned Term, 1873.

A report of the facts of this case is unnecessary to an understanding of the principle embraced in the opinion.

C. L. Bartlett, for plaintiffs in error.

Clarke & Pace; F. Jordan, for defendants.

McCAY, Judge.

We see no error in the judgment sustaining the demurrer. The homestead is only an exemption of the property from the debts of the intestate, and the only effect of having the specific land covered by the devise set off as a homestead, was to protect it against the debts. It could not affect the heirs any way, unless, by lying still, they permitted it. The marriage of the wife takes from her devise the protection the homestead gave it, and that is all. There was nothing in the laying off the homestead inconsistent with the will. It rather sought to give it effect than to deny it, or any of its provisions.

Judgment affirmed.