GA Code § 44-13-18 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 13 - Exemptions From Levy and Sale|Article 1 - Constitutional Exemptions|Part 1 - In General|§ 44-13-18. Disposition of Rents and Profits Arising From Exempted Property

 All produce, rents, or profits arising from property in this state which is exempted under this article shall be for the support of those persons allowed such exemption and shall be exempt from levy and sale except as otherwise provided in this article.    (Ga. L. 1869, p. 23, § 1; Code 1873, § 2026; Code 1882, § 2026; Civil Code 1895, § 2848; Civil Code 1910, § 3398; Code 1933, § 51-802; Code 1981, §44-13-19; Code 1981, §44-13-18, as redesignated by Ga. L. 1983, p. 1170, § 2.)   Editor's notes.   - Ga. L. 1983, p. 1170, § 2, effective July 1, 1983, redesignated former Code Section 44-13-19 as this Code section. The 1983 Act also redesignated former Code Section 44-13-18, relating to sale for reinvestment when application made for debtor's children or dependents or by divorced spouse, as present Code Section 44-13-17.   JUDICIAL DECISIONS   Short homestead.    - The provisions of O.C.G.A. § 44-13-18 apply to the statutory or "short" homestead as well as to the constitutional homestead. Russell v. Gilliland, 19 Ga. App. 676, 91 S.E. 1065 (1917).   Exempted personalty.    - Inasmuch as exempted personalty stands in all respects on the same footing as a homestead, and by O.C.G.A. § 44-13-18 seems to be included in the latter term, the declaration of the statute applies directly to property which has been set aside as exempt. Brand v. Clements, 116 Ga. 392, 42 S.E. 711, 94 Am. St. R. 133 (1902).    The accretions of homestead property are exempt from levy and sale under O.C.G.A. § 44-13-18. Powers v. Rosenblatt & Co., 113 Ga. 559, 38 S.E. 969 (1901); Russell v. Gilliland, 19 Ga. App. 676, 91 S.E. 1065 (1917).   Crop produced by use of exempted personalty and supplies.    - When cotton has been produced by the conjoint use of exempted property and supplies furnished by the head of the family and not connected with such property, the whole crop so produced is not subject to an individual debt of the head of the family. Brand v. Clements, 116 Ga. 392, 42 S.E. 711, 94 Am. St. R. 133 (1902).   Mortgaging crops for supplies.    - Where a person, after a homestead in land has been set apart to that person, individually mortgages growing crops thereon in order to obtain supplies to be used in making such crops, the holder of this mortgage can by foreclosing it against the mortgagor as an individual, after the maturity of these crops, subject the same to the satisfaction of the mortgage execution. Under such circumstances, the crops are not subject to such execution. Martin v. Davis & Co., 104 Ga. 633, 30 S.E. 753 (1898).   Forfeiture.    - Where a portion of the land set apart as a homestead was leased by the head of the family with the stipulation that if the lessee failed to work it, such lessee should pay a certain forfeiture, such forfeiture was part of the profits of the homestead estate under O.C.G.A. § 44-13-18. Larey v. Baker, 85 Ga. 687, 11 S.E. 800 (1890).   Debts due physician.    - Debts due a physician in the earning of which the physician's skill was the principal factor, and the use of exempted property, such as the living in a house set apart as a homestead and riding an exempted horse in paying the physician's calls, were merely incidents, were not exempt from garnishment on the ground that they were the proceeds of a homestead and exemption set apart to the physician as head of a family. Staples v. Keister, 81 Ga. 772, 8 S.E. 421 (1888).   RESEARCH REFERENCES   Am. Jur. 2d.   - 40 Am. Jur. 2d, Homesteads, §§ 41, 75, 76, 178.   C.J.S.   - 40 C.J.S., Homesteads, §§ 44, 173.