Reports of Cases Decided in the Supreme Court of the State of ..., volume 109
Reports of Cases Decided in the Supreme Court of the State of ..., volume 109
Georgia. Supreme Court
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There had been a previous levy of this execution on the same lot in March, 1899, which was dismissed on the 20th of March, 1899. The plaintiff in fi. fa. told the sheriff he could not make the aflBdavit required by the code as a protection to a levying offi- cer in seizing homestead property, but gave him an indemnify- ing bond, and the levy was made. When these facts were shown, the claimant moved to dismiss the levy, on the grounds, first, that the homestead exemption of personalty could not ...be attacked collaterally in the superior court, but that the schedule having been approved by the ordinary, that officer alone had Digitized by VjOOQIC 298 MARCRUM v. WASHINGTON. (109 jurisdiction to trj' the question of the validity of the homestead ; second, that no affidavit had been made by the plaintiff, as re- quired by law, which authorized the sheriff to levy upon home- stead property. After argument the court sustained the motion and dismissed the levy. The plaintiff in fi. fa. excepted.
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