Homestead Exemptions
Primitive Baptist Ruling against Homestead Exemptions
Act of 1822
The State of Georgia passed a law in 1822 to protect the wives and children of insolvent debtors, This law set apart some of the debtor's property for the support of his family.No matter the size of the family, they were allowed two beds, bedding and bedsteads, a spinning wheel and 2 cards, a loom, one cow and calf, tools of trade, ordinary cooking vessels and $10 worth of provisions. These were to be inventoried by the debtor, and the report was to be filed with the Clerk of the Inferior Court.
Act of 1834
In 1834 a modification was made, in which the Family Bible was added to the list of the items immune to sale for debts.Act of 1835
In 1835 the law was changed to protect widows and their children. So long as the widow remained unmarried, her real and personal property were immune from seizure for debt.Act of 1841
It was not until 1841 that the law offered additional protection due to the family size. At this time, the debtor could set aside 20 acres of agricultural land for his own support, plus 5 additional acres for each of his or her children under the age of 15. In addition, they were allowed one horse or mule valued at $50 or less, 10 head of hogs, and $30 in provisions. If the land was in a village or town, they could keep land valued not more than $200. Additionally, no married debtor could sell any of this "set aside" land unless the wife, of her own free will, signed the deed of the sell along with her husband.Act of 1847
In 1847 an act provided that no widow or unmarried woman could thereafter be arrested or imprisoned, or otherwise deprived of her liberties on account of any debt against her.Act of 1876
As the years passed, other modifications were made to this insolvent debtors law, so that by 1876, there was rather a long list of items exempt, such as a Family Bible, school books, family portraits, and religious books. A professional man could have $300 worth of his own library books exempted.How These Records Can Help you
The Homestead Exemption Law records kept in the County can possibly reveal facts about your ancestors that otherwise would not be known. They may reveal the names and ages of children, list a Family Bible or portraits, and list the basic necessities they were allowed to set aside.Index to the Upson Co Homestead Exemption Book 1868
Adams, James C. Adams, Julia Adams, William L. Allen, G. I. Andrews, Sarah F. Andrews, Thomas G. Bailey, Martha Barnett, John Barron, A. C. Bins, John F. Birdsong, Mrs Susan F. Black, Thomas Black, Thomas H. Bland, John Bradley, Robert F. Brandon, James L. Britt, Arcado Britt, R. H. Britt, R. S. Brooks, Alex L. (or S.) Brown, A. H. Brown, David (colored) Brown, Henry Brown, Joseph D. Brown, T. J. Butts, Michael G. Butts, Sarah Carey, George (colored) Carlisle, R. M. Cheves, Henry Cochran, Franklin A. Colquitt, J. A. Colquitt, Johnathan Colquitt, Henry Copeland, John T. Corbin, Charles H. Crawford, Alexander Creamer, Jeff Cumbie, Hiram J. Dallas, T. A. Daniel, P. G. Daniel, Thomas H. Dawson, E. R. C. Dickinson, Mrs A. S. A. Dickinson, Vernon Dicks, Mrs Martha A. Ellington, Edward T. Elliott, Jeremiah Fallen, Jackson Fallin, W. C. Fincher, Henry J. Foster, S. A. Fowler, Mrs Mary F. Fowler, Samuel Fullerton, Samuel Freeman, James F. Furgerson, Mary Ann Furgerson, Nancy Gardner, B. Anderson Gibson, D. B. Gibson, William Gordy, Benjamin Gordy, G. W. Gordy, George M., Jr. Goyer, Noyal Green, Martha Greene, Charles H. Greene, John M. Greene, John M. S. Groce, Mrs Delia Harp, Ella E. Harp, John M. Harrell, C. J. Hayman, Benjamin Hill, Oliver C. Hollingsworth, Stephen Holloway, Sarah L. Holloway, Susan Holloway, Thomas C. Holloway, Thomas P. Howell, James Hudgins, Richard Huguley, William A. Hunt, George Ingram, John J. Irvin, Elizabeth C. Irvin, Elizabeth E. Irvin, Francis C. Ivey, Richard Jackson, John G. Jackson, John S. Jimmerson, Mrs Emma Johnson, Mary A. Jones, Jesse Kelly, Mrs Elizabeth Kendall, Thomas R. Kendrick, M. K. Kindrick, Mary Jane Lamb, William H. Langford, Elijah Lawrence, James H. Lindsay, B. L. A. Lipsey, Joe McCoy, Henry E. McKinley, Green W. McMichael, W. J. Mabry, John Martin, Louisa C. Mathews, Mary E. Mauldin, Francis Middlebrooks, J. A. Minter, D. C. Murray, John P. Newell, Jane Parks, Francis A. Pearce, James B. Pearce, Thomas C. Perdue, Elijah Peters, Thomas M. Pugh, Martha Radcliff, William H. Raines, C. N. Rassaw, President Reed, Henry Reeves, Jerry B. Respress, Mrs Minnie P. Richardson, Mrs Elizabeth Riggins, James J. Rogers, Frederick Rogers, Loula K. Safford, W. H. Salter, Benjamin S. Sandwich, James T. Shattles, James Sledge, James Smith, Francis Smith, J. E. Smith, U. J. Smoot, Harriett Sneed, C. A. Stephens, Charlie (colored) Thomas, Catherine Timmons, Georgiana Traylor, Elizabeth J. Traylor, John Trice, Lillie A. Verden, Thomas G. Walker, David K. Ward, Rowan C. Weathers, Seaborn Weaver, James M. Webb, John N. Willett, Marlin Williams, Wilburn Willis, Mary F. Wilmot, George D. Worthy, James L. Worthy, Lewis (colored) Material and List prepared by Mr. Jack Morgan. Mr. Morgan's material is stored in the Thomaston Archives.
Sample Homestead Exemption of Upson County 1908
State of Georgia - Upson County
To the Ordinary of Said County:
The following is the Schedule of Property of C.L. Ruffin, a citizen of said County, who is the head of a family, consisting of himself, his wife, Nannie Lou and 5 minor children, to wit:
Lillian, Annie Belle, George, Allie Mae, James, aged respectively 10, 9, 7, 5, & 2 years,claimed to be exempt from levy and sale, for the use and benefit of his said wife and family, under Section 2866 of the Code of Georgia, and following sections:
One Bay Mare (farm horse)
One Jersey (cow and calf)
Ten head of hogs adn fifty dollar's worth of provisions and five dollars worth additional for each child, to wit - One hundred & fifty bushels of corn; one hundred gallons syrup, sixty bushels of sweet potatoes.
Fifty bushels of corn, one thousand pounds of fodder, One wadon, One table and set of chairs, sufficient for the use of the family, and household and kitchen furniture not to exceed one hundred and fifty dollars in value. Beds, bedding, and common bedsteads sufficient for the family. Common tools of trade of himself and wife. Equipment and arms of a militia soldier and trooper's horse. Ordinary cooking utensils and table crockery. Wearing apparel of himself and family. Family Bible, religious works and schools book. Family portraits. One family sewing machine.
Personally appeared C. L. Ruffin the applicant for exemption above set out, who on oath says that the same is a true and correct schedule of his property, which is claimed to be exempt to deponent and family under Section 2866 of the Code and following sections, which deponent prays may be recorded as provided by law.
Sworn to and subscribed before me, this 7th day of November, 1908.
J.E.F. Matthews, Ordy. Charles L. Ruffin
Primitive Baptist Ruling Against Homestead Exemption
The Homestead Law was not well received among the Primitive Baptist. Members who filed for this were excluded from the church. The Upatoie Association and Echeconnee Association as well as others published their beliefs about this law.From Our Bethel Book page 320.
Minutes of the Upatoie Association September 3-5, 1870.
"There is a clause in the Constitution of the State of Georgia known as the "Homestead Clause", which grants any citizen of the State the right to withhold from payment of his debts, if he has any, the sum, or equivalent, of $3000 in gold. This is a privilege of which we may naturally and reasonably expect the world to take benefit; and some members of the Church who are in debt have been so inconsiderate as to suppose that it was not wrong for them to take benefit of the law without violating the law of Christ, even if he is not in debt, for if he is in debt and takes the advantage of that law with purpose of paying his debts, he is taking an undue advantage of his creditors, in using money without consent, which, if he had, there would be no necessity to resort to it. The law of God declares that the borrower is the servant to the lender, but the homestead law makes the lender servant to the borrower - it places the creditor at the mercy of the debtor.The Echeconnee Association DID NOT agree with the Upatoie Association about the law.
Much more information about this may be found in Bethel Primitive Baptist Church by John and Janice Adams. (traceradams@mindspring.com)
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