Byrd v. Olmstead
Byrd v. Olmstead
Opinion of the Court
This was an action for land by O. J. Olmstead against Sam and Rena Byrd. The declaration described the land as “ all that certain tract or parcel of land situate, lying, and being in the 17th district G. M., of Liberty county, Georgia, and bounded as follows: on the north by lands of Irene Thomas, east
Upon the trial of the case it appeared that E. C. Miller had obtained a judgment in a justice’s court against Sam Byrd for the principal sum of twenty-five dollars, and that he had also obtained a judgment in the same court against Sam and Bena Byrd for the principal sum of forty-five dollars. Fi. fas. were levied upon the land, and the plaintiff in this action purchased the same at sheriff’s sale. The deed from the sheriff to the plaintiff, which was introduced in evidence, conveyed the land as described in the declaration. The defendants offered in evidence a schedule of real and personal property belonging to Sam Byrd, the head of a family consisting of himself and his wife, Bena Byrd, and claimed to be exempt from levy and sale under section 2040 of the Code of 1882 (Civil Code of 1910, § 3416). The schedule described the property as the lands of applicant and as being in the county of Liberty, State of Georgia; “one tract containing thirty-five acres, and bounded north by lands of Mrs. Stewart, east by lands of Mary McNeil, south by lands of Lizzie Eloyd, and west by lands of Ben Carter; the other tract containing six acres, and bounded north by lands of Lucy Moody, east and south by lands of George Frazer, and west by lands of Julian Whitley.” Bena Byrd testified that she and her husband, Sam Byrd, had lived on the land described in the schedule for twenty-five years or more, and that the land sold by the sheriff and described in the sheriff’s deed to the plaintiff is the same land (or a part of it) embraced in the homestead, and that the ownership of lands adjoining the homestead tract had changed since the homestead was set apart. Upon motion the court excluded the evidence of Bena Byrd, indicated above, and the schedule describing the property claimed to be exempt. The homestead was excluded upon the ground that it did not contain a description of the property sought to be
Case-law data current through December 31, 2025. Source: CourtListener bulk data.