84 Ga. 786 | Ga. | 1890
1. The trial judge granted a new trial for the reason that the defendant in fi. fa., Mrs. Lavin, has an estate for her own life which is subject to levy aud sale. If that ruling be correct, the judgment oughtto be affirmed; for although a larger estate, the fee simple, was levied upon, yet if the lesser estate is subject, the execution should proceed against the property and a sale of the life estate be had. If the levy be too comprehensive, that will not prevent a sale under it of such estate as is subject to the lien of the judgment. If the levy is too large on the one hand, so is the claim on the other. The legal efficacy of each of them may be cut down on the trial of the claim case by the verdict of the jury, the former to the life estate, aud the latter to the remainder. No matter what is comprehended in a levy, a sale under it only passes such interest as the defendant in execution has in the property.
2. The mai’riage settlement was executed in 1848. Its terms appear in the official report. The property
There was no error in granting a new trial.
Judgment affirmed.