Timothy v

O.C.G.A. § 44-13-11 — under Title 44.

O.C.G.A. § 44-13-11

Chambers, 85 Ga. 267, 11 S.E. 598, 1890 Ga. LEXIS 39 (1890). Original papers as evidence. — The original homestead papers, not the record of them from the clerk’s office, were proper evidence. Larey v. Baker, 85 Ga. 687, 11 S.E. 800, 1890 Ga. LEXIS 134 (1890). Proof of lost papers. — Proof being made by complainants of the loss of the original homestead papers by depositions of the head of the family, and of the clerk of the superior court and ordinary (now probate judge), a certified copy from the clerk’s office was properly admitted. Brown v. Driggers, 62 Ga. 354, 1879 Ga. LEXIS 527 (1879). Establishing lost papers. — The original schedule and plat are private papers and, if lost, may be established by the superior court where they had been approved and recorded. Paschal v. Turner, 116 Ga. 736, 42 S.E. 1010, 1902 Ga. LEXIS 239 (1902). Recordation required. — Homestead papers do not become muniments of title of those interested in the homestead until they have been duly recorded in the office of the clerk of the superior court. Paschal v. Hutchinson, 119 Ga. 243, 46 S.E. 103, 1903 Ga. LEXIS 773 (1903). Record by clerk. — Under O.C.G.A. § 44-13-11 the application as well as the schedule is to be recorded by the clerk. Paschal v. Hutchinson, 119 Ga. 243, 46 S.E. 103, 1903 Ga. LEXIS 773 (1903).