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39 Ga. 466

Kelly v. Stephens

Supreme Court of Georgia

Decided June 15, 1869

Supreme Court of Georgia · decided 1869-06-15

Illegality. Homestead. Before Judge Andrews. Hart Superior Court. March Term, 1869. Linton Stephens and Cosby Connell, as executors of James Thomas, deceased, foreclosed a mortgage made by Kelly on the 3d of May, 1859, and a mortgage fi. fa. issued accordingly, in April, 1867. Kelly had said land laid off and set apart as his homestead under the “Homestead Act” of 1868.

Cited by 2 later decisions — most recently July 1942

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1869-06-15

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Brown, C. J.,

¶1concurred as follows :

¶21. The first section of the seventh article of the new Constitution of this State is retroactive as well as prospective, and denies jurisdiction to the Courts to enforce any j udgment, decree or execution heretofore or hereafter rendered against the homestead, except as therein excepted.

¶32. The exceptions are also retroactive as well as prospective, and the Courts have jurisdiction to enforce a judgment rendered upon a debt contracted prior to the adoption of the Constitution, for money lent to remove an incumbrance from the land now claimed as a homestead.

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