21 Ga. App. 295 | Ga. Ct. App. | 1917
The petition set forth a cause of action. The contract is not set out, and we can not tell whether it was simply a contract of rental with only a usufruct to the tenant, or whether it conveyed an estate for years. The former would not be subject to levy and sale. Civil Code (1910), § 3691. The latter would be, as any other estate. Civil Code (1910), 3687; Clark v. Herring, 43 Ga. 226 (2). The petition refers to it as a lease for five years, and a lease proper is an estate for years. Civil Code (1910), § 3690; Schofield v. Jones, 85 Ga. 816, 823 (11 S. E. 1032). In the instant case the unexpired term of the lease has been sold
Judgment affirmed.