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William F. Davis, plaintiff in error, vs. William C. Henson, Sheriff, defendant in error

Supreme Court of Georgia1859-08
29 Ga. 345

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

— 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.