Husband's right to sue.

- The right to sue is not limited to the wife or family, but the husband as the head of the family can maintain the action, and will hold the recovery, if any, for their use. Personal Fin. Co. v. Evans, 45 Ga. App. 53, 163 S.E. 250 (1932).

Joinder of defendants.

- Where an officer makes an unauthorized and wrongful levy upon the property of another, the officer and any others who procure such a seizure are liable as joint trespassers, in which event the aggrieved party may bring suit against any one or all of such wrongdoers, according to the aggrieved party's election. Personal Fin. Co. v. Evans, 45 Ga. App. 53, 163 S.E. 250 (1932).

Failure to allege type of homestead.

- A petition under O.C.G.A. § 44-13-108 may constitute an adequate basis for the admission of evidence of the fact of a valid exemption if the allegations imply a valid homestead even though it may not appear which kind of homestead has been obtained. Personal Fin. Co. v. Evans, 45 Ga. App. 53, 163 S.E. 250 (1932).

Collateral attack.

- Under O.C.G.A. § 44-13-108 where property levied on is claimed to be exempt as a "pony homestead," the validity of the exemption may be collaterally attacked. Marcrum v. Washington, 109 Ga. 296, 34 S.E. 585 (1899).

Cited in Southall v. Blount, 182 Ga. 368, 185 S.E. 321 (1936).

Am. Jur. 2d.

- 31 Am. Jur. 2d, Exemptions, § 141. 40 Am. Jur. 2d, Homesteads, § 104.

C.J.S.

- 40 C.J.S., Homesteads, § 139.

ALR.

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