Marsh v. Lazenby

Decision Date30 June 1870
Citation41 Ga. 153
PartiesSPENCER MARSH et al., plaintiffs in error. v. ALEXANDER M. LAZENBY, defendant in error.
CourtGeorgia Supreme Court

Homestead. Before Judge Kirby. Walker Superior Court. March Term, 1870.

In January, 1870, Lazenby applied to the Ordinary of saidcounty for the setting apart, as his homestead, of three hundred and forty-five acres of land, on which he lived, and for the exemption of certain personalty. In his petition this property was fully described, and he claimed that he was entitled to it because he was the head of a family, composed of his mother and two sisters. Marsh and others, all judgment creditors of Lazenby, opposed the petition, upon the ground that Lazenby was not the head of a family. The Ordinary dismissed the application and Lazenby appealed to the Superior Court.

There said objectors renewed their demurrer to said petition, on said ground, but it was overruled. It was then admitted that Lazenby was an old bachelor, without wife or child, that his mother and two sisters, each over twenty-one years old, lived with him, in his house on said land, and that he had been providing for and taking care of them for several years, and that the objectors were judgment creditors, as aforesaid. The Court was requested to charge the jury that if Lazenby had no wife or child, they must find against his application, that a bachelor can not be the head of a family in this State. He refused so to charge. What he did charge does not appear, but the jury found in favor of the application, and the homestead was set apart, etc. Said creditors assign said overruling of the demurrer and the refusal to charge as requested, as error.

A. C. Howell, D. C. Sutton, and H. P. Lumpkin, by E. F. Hoge, for plaintiffs in error.

*John Taylor, by E. N. Broyles, for defendant.

By the Court—BROWN, C. J., delivering the opinion.

The record in this case shows, that the applicant for a homestead was "an old bachelor, without wife or child, " but that his mother and two sisters, all of whom are over twenty-one years of age, were living in the same house with him, on the land which he seeks to have set apart as a homestead for his and their use, and that the applicant had been providing for and taking care of his mother and sisters for several years. The only question presented for our decision is, did this constitute a family of which the applicant was the head? We hold that it did, especially as to the mother. A husband, a widow,...

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17 cases
  • Moorhead v. Yongue
    • United States
    • Florida Supreme Court
    • 27 d2 Setembro d2 1938
    ... ... that state, which is limited to the head of a family. To the ... same effect, see, among other decisions, Marsh v ... Lazenby, 41 Ga. 153; Blackwell v. Boughton, 56 ... Ga. 390; Cox v. Stafford, 14 How. Prac. [N.Y., 519] ... 521; Connaughton v. Sands, ... ...
  • Fox v. Ralston
    • United States
    • Iowa Supreme Court
    • 8 d3 Fevereiro d3 1905
    ...an indigent father, mother, brother, or sister has been held to be the head of a family. Parsons v. Livingston, 11 Iowa, 104;Marsh v. Lazenby, 41 Ga. 153;Chamberlain v. Brown, 33 S. C. 597, 11 S. E. 439. So, also, a father whose adult daughter supported herself by teaching school, but who a......
  • In re Trammell
    • United States
    • U.S. District Court — Northern District of Georgia
    • 24 d5 Abril d5 1925
    ...supported by him, he would, because of the moral obligation to support these near relatives, be treated as the head of a family. Marsh v. Lazenby, 41 Ga. 153; Holloway v. Holloway, 86 Ga. 576, 12 S. E. 943, 11 L. R. A. 518, 22 Am. St. Rep. 484. But not thus being within the state, nor inten......
  • Fox v. Waterloo National Bank
    • United States
    • Iowa Supreme Court
    • 8 d3 Fevereiro d3 1905
    ... ... been held to be the head of a family. Parsons v ... Livingston, 11 Iowa 104; Marsh v. Lazenby, 41 ... Ga. 153; Chamberlain v. Brown, 33 S.C. 597 (11 S.E ... 439). So, also, a father whose adult daughter supported ... herself by ... ...
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