148 Ga. 628 | Ga. | 1918
(After stating the foregoing facts.) The contentions made by the parties raise the question of whether it was competent for the court of ordinary to allow the amendment to the original return of the appraisers, and whether or not the minor children of J. H. Thompson, for whose benefit the year’s support had been set apart in the first instance, were bound by the judgment of the court allowing the amendment.
We do not think the return of the appraisers which was made the judgment of the court of ordinary, so far as it relates to this land, entirely void. The return of the appraisers, in part, is as follows: “We, the undersigned, appointed . . to assess and set apart a sum necessary for the support and maintenance of the widow and minor children of J. H. Thompson, deceased, for the space of twelve months, either in money or such property as the widow may select, do report that we have assessed and set apart, as being necessary for the support and maintenance of the said widow and minor children, the sum of .seventeen hundred and
The sale by the widow of the property to the predecessor in title of the defendant divested the children of any title or interest in the land, and they could not recover as against the defendant in this action. Consequently the verdict directed by the court in favor of the defendant was required. And though certain of the evidence objected to might have been irrelevant and immaterial, its exclusion could not affect the result. •
- Judgment affirmed.