54 Ga. 602 | Ga. | 1875
This was a claim case with a garnishment in the belly of it. Botli were considered and decided together, and came here by one writ of error. In 1858 a will was admitted to probate. It ratified and confirmed a-prior instrument called a deed, by which the testator gave to his wife for life, after his own death, certain described real estate in Augusta, without impeachment of waste, and at her death the same to revert to his heirs and distributees for apportionment among them according to the statute in such case made and provided. There were seven distributees. One of them, a son of the testator, sold out his interest to the tenant for life, (testator’s widow,) receiving payment in full, and giving a receipt for the purchase money. This was in 1866. The widow was then in possession of the premises, and has so remained ever since. In 1870, a judgment was obtained against this distributee in favor of Wilkinson & Wilson. It does not appear when the debt was created, or whether credit was given upon the faith of this property or not. In January, 1875, execution, founded on this judgment, was levied upon the interest in question, the levy describing it as the one-seventh interest in remainder, etc. The widow interposed her claim, and at the trial the judge, upon the facts submitted to him, decided, first, that the interest levied upon was not such as to be subject to levy and sale, and, secondly, that the widow’s title to it, as purchaser, was complete.
Judgment affirmed.