Price v. Hughes

Speer, Justice. [Hughes was the tenant of Price, living upon the rented premises. Mrs. Hughes, the wife of the former, made application for a homestead and exemption of personalty, pending the setting apart of which, the landlord levied a distress warrant upon a certain wagon which was included in the schedule of personalty. The homestead and ex740 emptiou was granted in due form, and the question whether the wagon was subject to levy and sale under the distress warrant, was submitted to the judge without a jury, the landlord relying upon the cases in 41 Ga., 622; 44 Id,, 600, and 48 Id., 338. The court held that the property was not subject to the landlord’s distress warrant, being disconnected from the rented premises. Plaintiff excepted.]