Evans v. Barrett

• Decision Date: 24 January 1911
• Docket Number: (No. 2,786.)
• Citation: 8 Ga.App. 612,69 S.E. 1083
• Parties: EVANS v. BARRETT.
• Court: Georgia Court of Appeals

69 S.E. 1083

8 Ga.App. 612

EVANS

v.BARRETT.

(No. 2, 786.)

Court of Appeals of Georgia.

Jan. 24, 1911.

(Syllabus by the Court.)

Exemptions (§ 148^*)—Property Subject-Pony Homestead.

The plaintiff in error, having proved that the property levied upon had been exempted and was included in a "pony" homestead set apart to her under the provisions of section 2866 of the Civil Code of 1895, was primarily and prima facie entitled to the exemption; and, there being no evidence that she was not the head of a family, the justice of the peace erred in adjudging the property to be subject to the fi. fa. The certiorari should have been sustained.

[Ed. Note.—For other cases, see Exemptions, Dec. Dig. § 148.*]

Error from Superior Court, Fulton County; J. T. Pendleton, Judge.

Proceedings between L. Barrett and Annie Evans to determine right to property levied on. From the judgment, Evans brings certiorari; and from an order dismissing the same, she brings error. Reversed.

Morris Macks, for plaintiff in error.

Geo. W. Brooks, for defendant in error.

RUSSELL, J. Judgment reversed.

*.For other cases see same topic and section NUMBER in Deo. Dig. & Am. Dig. Key No. Series & Rep'r Indexes