Reese v. Burts
Supreme Court of Georgia
Illegality. "Variance. Practice. Temporary administrator. Before Judge Worrill. Chattahoochee Superior Court. March Term, 1869. Reese filed a bill against Dorothy Jones, as executor of her deceased husband, to enforce a vendor’s lien on certain lands.
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Illegality. "Variance. Practice. Temporary administrator. Before Judge Worrill. Chattahoochee Superior Court. March Term, 1869. Reese filed a bill against Dorothy Jones, as executor of her deceased husband, to enforce a vendor’s lien on certain lands. In February, 1867, he had a decree, that he recover of the defendant, by levy and sale, “ $1,408 80, with interest and costs, which shall be recovered by the enforcement of the vendor’s lien, set-out in said case, on the following described lands: * * * provided, nevertheless, that the enforcement of said vendor’s lien shall in no way affect the…
1Opinion of the CourtMcCay, J.
1. We see no reason why the temporary administrator is not, in this State, bound to protect the real as well as the personal estate of the deceased from illegal interference. Land is assets for the payment of debts, in this State, and it is the duty of the administrator to keep it from strangers for that purpose. Code, sec. 2449.
2. The execution does not follow the judgment. By the express terms of the decree, the reversion was not to be sold until the life-estate fell in. This execution fails to make that exception, and, by the well settled rules, it must be quashed. Code, sec. 3581.
3. But…
2Cited by14 opinions
- Barfield v. HartleySupreme Court of Georgia · 1899
- Banks v. WalkerSupreme Court of Georgia · 1901
- Wilson v. PollardSupreme Court of Georgia · 1940
- Robinson v. AppletonIllinois Supreme Court · 1888
- Hutcheson Manufacturing Co. v. ChandlerCourt of Appeals of Georgia · 1923
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