109 Ga. 204 | Ga. | 1899
At the August term, 1879, of Meriwether superior court, John R. Jones obtained judgment against Nancy Rosser as the executrix of Asa Rosser, deceased. The fi. fa. issued upon this judgment was kept alive by proper entries thereon, and in 1897 was levied on a certain lot of land in Meriwether county as the property of the estate of Asa Rosser, deceased. Mrs. Nancy Rosser, the widow of the deceased, applied for and had set apart a homestead in this land as property of the estate of her deceased husband, claiming that she was the head of a family consisting of her single daughter-Mattie Rosser, 31 years of age, her single daughter Emily, 28 years of age, and her two grandchildren aged respectively 18 and 19 years. In her petition for homestead she alleged that all the family were dependent on her for support, that she was an aged and infirm person 61 years of age, that she ivas the widow of Asa Rosser, and that the family were his children and grandchildren. The application was approved by the ordinary on March 5, 1897. At the time of the levy of plaintiff’s execution upon this land the widow was not in life; all the minor beneficiaries had arrived
Judgment reversed.