Not question respecting title to land.

- The title to the property in which a homestead is sought to be set is not directly involved, and therefore, the question raised by the application and objections urged by a creditor of the applicant is not one respecting title to land, so as to confer jurisdiction on the Supreme Court as provided in the Constitution of this state. Adams v. Bishop, 174 Ga. 262, 162 S.E. 531 (1932).

Effect of exemption on title.

- When the exemption is set apart to the bankrupt by the bankruptcy court, the title is in the bankrupt precisely as it was before. Novak v. O'Neal, 201 F.2d 227 (5th Cir. 1953).

Effect of setting apart homestead is not to change the title but only the use during the life of the wife and the minority of the children; where in such circumstances the husband dies intestate before termination of the homestead, the property will remain his estate and descend to his heirs by inheritance, with the right of possession postponed until termination of the homestead. Donalson v. Yeates, 173 Ga. 30, 159 S.E. 856 (1931).

Effect of assignment of homestead property.

- When the property is set apart as exempt, the court of bankruptcy exhausts its jurisdiction over the property, and it remains the property of the bankrupt, unaffected by the bankruptcy proceedings and therefore an assignment thereof, whether before the bankrupt is adjudged a bankrupt, or pending the bankruptcy proceedings, will be unaffected by such proceedings. Novak v. O'Neal, 201 F.2d 227 (5th Cir. 1953).

Homestead contained in deed to secure debt.

- A deed made to secure a debt conveys the title to land, and a homestead therein will avail nothing as against such title. There is nothing in the debtor upon which a homestead can operate save the equity of redemption; if he never redeems, there is nothing to which it can attach. Rose v. Crane Heating Co., 198 Ga. 295, 31 S.E.2d 717 (1944).

Where bankrupt makes no claim to exemption, or claims only a partial exemption, there can be no proper basis for a determination by the court of bankruptcy which requires that the privilege of exemption be recognized and enforced where not claimed by the party for whose benefit the statute law establishes it. Novak v. O'Neal, 201 F.2d 227 (5th Cir. 1953).

Waiver.

- When the debtor waives the homestead and exemption, the debtor means that all of debtor's property shall be a security to the creditor for the payment of that debt; and the creditor has a legal right to rely upon all of the debtor's property for the payment of the debt. Rosenthal v. Langley, 180 Ga. 253, 179 S.E. 383, appeal dismissed, 295 U.S. 720, 55 S. Ct. 916, 79 L. Ed. 1674 (1935).

Homestead terminated.

- Where a constitutional homestead on certain property was granted on the application of one individual and, on her death, the property passed by will to her son, who married sister of present owner, following which present owner and her son came to live in the home, no homestead presently exists in the property. Martin v. Fulton County, 213 Ga. 761, 101 S.E.2d 716 (1958).

Jurisdiction of bankruptcy court.

- The court of bankruptcy has jurisdiction to set apart, segregate, and deliver a homestead, but has no jurisdiction to adjudicate whether the property set apart is unencumbered or subject to liens, or to determine the respective priorities of liens, if any exist. Rosenthal v. Langley, 180 Ga. 253, 179 S.E. 383, appeal dismissed, 295 U.S. 720, 55 S. Ct. 916, 79 L. Ed. 1674 (1935).

Sale for purchase price.

- Where exempted property is sold under execution for the purchase price, a creditor not of the class expressly declared superior to homestead cannot claim the proceeds. Walker v. Johnson, 64 Ga. 363 (1879).

Cited in McWatty v. Jefferson County, 76 Ga. 352 (1886); Garmon v. Davis, 63 Ga. App. 815, 12 S.E.2d 209 (1940); In re Dixon, 49 F. Supp. 977 (S.D. Ga. 1943); In re Harrison, 13 Bankr. 293 (Bankr. N.D. Ga. 1981).

Purchase money.

- The specific property for which purchase money is due is liable to a judgment therefor, notwithstanding the same has been set apart under the homestead law; other property exempted is not subject thereto. Loyless & Griffin v. Collins, 55 Ga. 370 (1876).

Where purchase money due.

- A claimant not having paid the purchase money and having no title when claimant applied for the homestead, any homestead set apart to the claimant in this land was not binding upon the original vendor. Blackwell v. Aiken, 73 Ga. 55 (1884); Perdue v. Fraley, 92 Ga. 780, 19 S.E. 40 (1894).

Property purchased with proceeds of homestead.

- Where the property was purchased with the proceeds of a homestead, it was homestead property. Thornton v. Horton, 24 Ga. App. 92, 100 S.E. 41 (1919); Amerson v. Cox, 173 Ga. 477, 160 S.E. 506 (1931).

Money expended before exemption sought.

- Though the exempted land is liable under O.C.G.A. § 44-13-1 for its purchase money, it is not liable for money expended, before any right of exemption was asserted, in paying for improvements and for work and labor done upon the premises. Builders' Lumber Co. v. Hunt, 179 Ga. 367, 176 S.E. 11 (1934).

Improvements.

- O.C.G.A. § 44-13-1 does not make improvements put upon property before the exemption is granted one of the exemptions, but expressly declares the improvements put upon the homestead shall not be subject to levy and sale. Builders' Lumber Co. v. Hunt, 179 Ga. 367, 176 S.E. 11 (1934).

Debts incurred in removing encumbrances.

- Purchase money and debts incurred in removing encumbrances have the same status. McConnell v. Gregory, 146 Ga. 475, 91 S.E. 550 (1917).

The phrase "material furnished therefor," describing one class of debts for which a homestead may be liable, refers to material furnished for the homestead, that is, after the homestead has been set apart, and does not include material furnished to improve the property before it was set apart. Rose v. Crane Heating Co., 198 Ga. 295, 31 S.E.2d 717 (1944).

Necessities.

- Neither an article of necessity furnished for the use of the family nor even stock feed furnished to feed horses, which has been set apart as part of a homestead, comes within the constitutional exceptions under which homestead property may be subjected to sale. McLamb & Co. v. Lambertson, 4 Ga. App. 553, 62 S.E. 107 (1908).

Exemption covering automobile.

- The homestead exemption covering a "Ford automobile" can only have been allowed under the provisions of O.C.G.A. § 44-13-1 and could not be upheld as a statutory or "short" homestead. Gann v. McGee, 19 Ga. App. 13, 90 S.E. 976 (1916).

Widow.

- A widow may have set apart an exemption for herself and minor children from the property if her deceased husband devised to her for life and in trust for such minor children. Birdwell v. Birdwell, 76 Ga. 627 (1886).

A widow cannot as head of a family have land left by her husband set apart as homestead except as to her own interest therein. Madden v. Jones, 75 Ga. 680 (1885).

Aged and infirm person.

- Land of an aged and infirm person set apart to him as a homestead under O.C.G.A. § 44-13-1 is not subject to levy and sale under an execution issued upon a general judgment for permanent alimony. Knox v. Knox, 148 Ga. 253, 96 S.E. 337 (1918).

Guardian of one minor child is the head of a family of minor children. Rountree v. Dennard, 59 Ga. 629, 27 Am. R. 401 (1877).

Unmarried person without dependents is not the "head of a household." Rietz v. Butler, 322 F. Supp. 1029 (N.D. Ga. 1971).

Bachelor, having no person depending on him for support and maintenance is not the head of a family, and not entitled to a homestead. Calhoun v. McLendon, 42 Ga. 405 (1871).

Partnership.

- No individual exemption can be allowed out of the partnership estate at the expense of the joint creditors, in bankruptcy proceedings. In re Stewart, 23 F. Cas. 51 (D.C. Ga. 1875) (No. 13,420).

Where each partner has applied for and obtained a homestead in the partnership land, the same being assigned in separate parcels, a prior creditor of the partnership cannot enforce a judgment over the homestead right. Harris v. Visscher, 57 Ga. 229 (1876).

Abandoned family.

- Property exempted under O.C.G.A. § 44-13-1 is for the use and benefit of the family of the debtor, to the extent that a member of the debtor's family may enjoy the benefit thereof even though he should abandon her. Rietz v. Butler, 322 F. Supp. 1029 (N.D. Ga. 1971).

Am. Jur. 2d.

- 31 Am. Jur. 2d, Exemptions, §§ 1-12, 16, 26-32. 40 Am. Jur. 2d, Homestead, §§ 1-21, 23-26, 170.

13A Am. Jur. Pleading and Practice Forms, Homestead, § 2.

C.J.S.

- 40 C.J.S., Homesteads, §§ 1 et seq., 11 et seq., 140 et seq.

ALR.

- Exemption of proceeds of voluntary sale of homestead, 1 A.L.R. 483; 46 A.L.R. 814.

Scope and import of term "owner" in statutes relating to real property, 2 A.L.R. 778; 95 A.L.R. 1085.

Right of individual partner to exemption in partnership property, 4 A.L.R. 300.

Action for damages against signing spouse for breach of contract to convey homestead signed by one spouse only, 4 A.L.R. 1272; 16 A.L.R. 1036.

Availability of judgment under which exempt property has been seized as a setoff or counterclaim against claim based on the wrongful seizure, 20 A.L.R. 276.

Lien of judgment on surplus in quantity or value of homestead, 32 A.L.R. 1333.

Failure of head of family to claim homestead exemption as affecting other members of the family, 33 A.L.R. 611.

Effect of divorce on homestead, 36 A.L.R. 431; 84 A.L.R.2d 703.

Loss of homestead rights by wife through absence enforced by act of husband, 42 A.L.R. 1162; 129 A.L.R. 305.

What are "tools," "implements," "instruments," "utensils," or "apparatus," with the meaning of debtor's exemption laws, 52 A.L.R. 826.

Right of creditor to attach bankrupt's exempt property after discharge in bankruptcy, 55 A.L.R. 303.

Debtor's exemption of proceeds of insurance on property itself exempt, 63 A.L.R. 1286.

Mechanic's or materialman's lien on homestead, 65 A.L.R. 1192.

Deposit of exempt funds as affecting debtor's exemption, 67 A.L.R. 1203.

Estate or interest in real property to which a homestead claim may attach, 89 A.L.R. 511; 74 A.L.R.2d 1355.

Availability of debtor's exemption to defeat counterclaim or setoff, 106 A.L.R. 1070.

Character of judgment as "debt" within exemption law as affected by nature of cause of action upon which it was recovered, 108 A.L.R. 1042.

Creation of homestead right in real estate as affecting existing judgment lien, 110 A.L.R. 883.

Creation of homestead right in real estate as affecting existing attachment lien, 110 A.L.R. 904.

Character of property as homestead as affected by its use for business as well as residence purposes, 114 A.L.R. 209.

Who are within constitutional or statutory provisions subjecting homestead to claims of laborers, servants, or the like, 114 A.L.R. 767.

One who supports (or is under a duty to support) in whole or part relatives who do not live with him as "head of family," "householder," etc., within homestead exemption statute, 118 A.L.R. 1386.

Creation of homestead right in real estate as affecting previous mortgage, trust deed, or purchase money or vendor's license, 123 A.L.R. 427.

Multiple dwelling house part of which is occupied by owner as subject of homestead, 128 A.L.R. 1431.

Dower and homestead rights as affecting partition proceedings, 159 A.L.R. 1129.

Purchase of homestead as fraud on creditors, 161 A.L.R. 1287.

State law or state court decisions as governing, or as rule of decision in federal court, in passing upon question as to what property passes to trustee in bankruptcy under § 70(a)(5) of the Bankruptcy Act, 16 A.L.R.2d 839.

Operation and effect of antenuptial agreements to waive or bar surviving spouse's right to probate homestead or surviving family's homestead right or exemption, 65 A.L.R.2d 727.

Wife as head of family within homestead or other property exemption provision, 67 A.L.R.2d 779.

Validity of contractual stipulation or provision waiving debtor's exemption, 94 A.L.R.2d 967.

What is "necessary" furniture entitled to exemption from seizure for debt, 41 A.L.R.3d 607.

Recovery of damages for breach of contract to convey homestead where only one spouse signed contract, 5 A.L.R.4th 1310.

Lien of judgment on excess value of homestead, 41 A.L.R.4th 292.

What constitutes state or local law that is applicable on date of filing of bankruptcy petition for purposes of applying 11 U.S.C.A. § 522(b)(3)(A) or its predecessor in opt-out states, 76 A.L.R. Fed. 2d 333.