The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1876-03-03
THE HOMESTEAD ACT.

the protection of parties who hav,
purchased homestead property.
to be entitled an act to provide fol
the adjustment of the rights of par
ties in cases where property which
has been set apart under the home
stead and exemption law ofthis State
has heretofore been sold.
Section |. Be it enacted by the
General Assembly of the State Of
Georgia, That from and after the
passage of this act, courts of equity
alone shall have jurisdiction of cults
for the recovery of any interest there
in, and that it shall be lawful for any
party to prove that the purchase
money Of such property, or any part
thereof, has been invested in other
property, or has been applied for
whom such property has been set
apart as aforesaid.
Section 2. Be it further enacted,
That in cases where the proceeds of
property sold as aforesaid, has been
invested in other property of equal
value and for the benefit of said fam
lily the court shall confirm the sale and
the purchase, and therefore the prop.
erty so purchased shall be held by
the family as homestead and ex>
emption in lieu of the property so
sold, which shall be discharged of
the particualr estate vested by said
homestead and exemption laws in
said family.
Section 3. Be it further enacted,
That in cases where all the proceeds
of the sale property have been ap
piled to the benefit ofsaid family, the
court shall confirm the sale and there
after the property so sold shall be
discharged of the particular estate
aforesaid.
Section 4. Be in further enacted.
That in case where a part only of
the proceed of property, sold as afore~
said, the court shall take an account
of the proportion that the amount SO
invested bears to the entire value of
the property so sold, and shall con
firm the sale as to that proportionste
part of the property, aud confirm the
purchase, and thereafter the proper
ty so purchased shall be held by said
family as a par, da fr it6U of the proper
taionate part aforesaid of the proper
ty so sold, which shall be discharged
of the particular estate aforesaid.
Section 5. BE it further enacted,
That in cases where a part only of
the proceeds sold as aforesaid has
beer applied to the benefit of said
family, the court shall take an ac~
count of the proportion that the
amount SO applied bears to the eutlIe
value of the property so sold, and
shall confirm the sale as to that pro-
portionate part of such property,
which shall be discharged of the par
ticular estate aforesaid,
Section 6. Be it further enacted,
That in cases when any portion of
of the proceeds of property sold as
aforesaid has neither been invested
in other property nor applied to the
benefit of said family the court shall
ascertain the amount thereof and the
interest of said family therein, and
shall mould decree to protect the
rights and interests of said family in
the property so sold, and at the same
time to protect the rights and inter-
ests of he reversion of property af-
ter the particular estate aforesaid,
shall have been determined, and ehall
require parties complainant to do
complete equity in the premises be-
fore obtaining equity.
Section z. Be it further enacted,
That in cases where portion of al
of the purchase money of property
so sold has not been paid, the cOur'
NAV confirm the sale and order the
re investment of the proceeds, or may
cancel and set aside the sale, anC
compel the restoration OF any part o
the purchase money which may have
been paid and may grant relief t.
the parties according to the Princi
Piles of equity.
Section. s. BE it further enacted
That all suits herein provided for
shall be brought within six months
after the passage of this act, or thu
right of the party complainant, anc
ali right of suit for its enforcement
shall be forever barred
Section 9. Be it further enacted
Tba. in cases where suits are nov
pending in courts Of law or equit,
for the recovery Of property sole
aforesaid, parties defendants shall b
entitled to the defenses and equitabl
relief provided for in this act.
I Section 10. Be it further enacted
at all laws and parts Of laws il
L. It with the provisions of tbi
conhl' 4 the same are hereby re
act be an