146 Ga. 606 | Ga. | 1917
This case grows out of an issue made by levy upon land' and the interposition of a claim thereto. Motion was made by the claimant to dismiss the levy on the ground that the execution was dormant, and the judge sustained this motion. To this judgment the plaintiff excepted. '
The court properly held the fi. fa. to be dormant, and therefore ruled correctly in dismissing the levy. The fi: fa. was based upon a judgment rendered on the 19th day of October, 1897, in a suit for divorce and alimony. The decree rendered in that case, after awarding the custody of the minor child of the marriage to the libellant, a certain sum of mone'y as permanent alimony, another sum for the support of the child during minority, and another sum as attorney’s fees, provided that “The sums here found shall be a special lien on the property described in the petition as the property of said defendant, and on the interest of the defendant in the estate of Solomon Landis, deceased, both being subject to the homestead estate.” The fi. fa. follows the decree. The property levied upon formerly belonged to the father of the defendant in fi. fa., Solomon Landis, and in 1869 it was set apart as a homestead to Solomon Landis as the head of a family consisting of his wife, Mary A. Landis, and his minor children, Martha, Mary, and Thomas M. The last-named beneficiary is the defendant in fi. fa. The homestead property was not scheduled in the divorce suit when it was first filed, but was scheduled in an amendment to the libel for divorce. Solomon Landis died prior to October 19, 1897. The homestead expired in 1915; the last beneficiary died at that time, and shortly thereafter the fi. fa. was levied upon the property in controversy.
The defendant in fi. fa. did not have such an interest in the
Judgment affirmed.