Supreme Court of Georgia, 1895

Rodgers v. Baker

Rodgers v. Baker
Supreme Court of Georgia · Decided July 8, 1895 · Atkinson
96 Ga. 800; 22 S.E. 585
Rodgers v. Baker

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

Atkinson, J.

A homestead which has been regularly set apart, can neither be waived nor renounced by the head of the family so as to authorize a levy upon, and sale of, the property so set apart, under an execution issued upon a judgment rendered against him; and if, pending the existence of the homestead, such property be levied upon under such an execution and sold, the sale is void, and a purchaser thereat acquires no title, even though the judgment upon which the execution issued is based upon a promissory note containing a stipulation in which the head of the family does solemnly “waive and renounce ” the benefit of the homestead.

Judgment affirmed.

Robert L. Rodgers, for plaintiff'. Dorsey, Brewster & Howell, for defendant.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.