175 Ga. 124 | Ga. | 1932
The first, and we think the controlling, issue is whether or not the question of title is res adjudicata. It appears without contradiction that the First National Bank of Claxton brought ejectment against W. F. Anderson to recover the land in question. Anderson filed an answer in which he set up the fact that he was in possession of the land as the head of a family under a homestead duly and previously set apart. That case proceeded to verdict and judgment. So far as the record discloses, that judgment has never been set aside or reversed. It is therefore conclusive, not only upon Anderson, but all whom he represented as quasi trustee. Civil Code (1910), § 5943. As the head of the family he did represent, as to the homestead interest, all of the beneficiaries. That lias been conelusivefy adjudicated by this court. “A homestead estate is in the nature óf a trust estate of which the head of the family is the trustee; and a judgment rendered in a suit brought against the head of the family as such, seeking to subject the homestead estate to the payment of a debt alleged to belong to the class of debts for the payment of which the homestead could be rendered liable, will be binding upon the beneficiaries of the homestead, although they are not parties to the action.” Wegman Piano Co. v. Irvine, 107 Ga. 65 (32 S. E. 898, 73 Am. St. R. 109). The facts of that case were very similar to the facts of this case. Except as to the amount and names, it may be said that the two cases are identical. In the opinion, written by Mr. Justice Cobb, the principles of law are clearly stated. In addition to the authorities there cited, we refer to Willingham v. Slade, 112 Ga. 418 (37 S. E. 737), which also cites a number of authorities; Evans v. Piedmont National B. & L. Asso., 117 Ga. 940 (3), 944 (44 S. E. 2); Faison v. Lanier, 164 Ga. 742 (2) (139 S. E. 540).
A casual reference might lead to the inference that what is here ruled conflicts with the ruling in Snelling v. American Freehold Land Mortgage Co., 107 Ga. 852 (33 S. E. 634, 73 Am. St. R. 160). But the facts differentiate the two lines of decision. The opinion in the Snelling case contains the following: “When property which has been set apart as a homestead is levied upon under an execution against the head of a family, founded upon a debt to the payment of which' the homestead estate is not liable, the head of a family is such a trustee for the beneficiaries of the homestead that he may interpose a claim in their behalf and set up their rights
It is obvious that the ruling which we have made controls the case. The assignments of error in the bill of exceptions and citations of authority in the brief of counsel are numerous. They are well stated, and in the main, standing alone, they contain sound abstract principles. However, none of the contentions made by the plaintiffs in error can avail anything, for the reason that the title to the land has already been adjudicated, by a court of competent jurisdiction, to have been at the time of the trial in First National Bank, which transferred it to the present defendant in error.
The validity of the judgment in the ejectment suit is attacked on the ground that the description of the property in the security deed and in the judgment is insufficient to constitute a valid conveyance or a valid judgment. The description as to three sides of the tract of land is unquestioned. The attack is made on the boundary given as to the east side. The description as to that side is “on the east by lands of George Kerby.” It is insisted that the lands on the east side were originally part of the 137-1/2 acres set aside to W. F. Anderson as a homestead, and that therefore the eastern boundary is a portion of the larger tract of the same land, and, since the quantity of land is given as “more or less,” the description of the boundary is wholly insufficient. We do not think
Judgment affirmed in part and reversed in part.