Supreme Court of Georgia, 1859

Davis v. Henson

Davis v. Henson
Supreme Court of Georgia · Decided August 15, 1859 · Lumpkin
29 Ga. 345

Davis v. Henson

Opinion of the Court

— Lumpkin J.

By the Court.

delivering the opinion.

The single question in this case is, whether the Homestead Exemption statute in this State, protects property from judgments founded on torts? An inspection of the several Acts, shows clearly that they do not, but that they apply expressly and exclusively to judgments founded on contracts. Cobb, 385, 389, 390.

Whether this discrimination should be made, it is for the Legislature, and not for the Courts to decide.

Judgment reversed.

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