Torbit v. Jones
Supreme Court of Georgia
Equitable petition. Before Judge Hammond. Burke superior court. July 26, 1915. This is an equitable action for partition of land. The defendant demurs on various grounds, all of which go to the point that the'.plaintiff has no interest or title in the land sought to be divided.
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Equitable petition. Before Judge Hammond. Burke superior court. July 26, 1915. This is an equitable action for partition of land. The defendant demurs on various grounds, all of which go to the point that the'.plaintiff has no interest or title in the land sought to be divided. From the petition it appears that E. B. Carswell Sr. was the owner and in possession of the land at his death, and by his last will and testament he directed it to be rented, the annual rentals to be applied to the support and maintenance of his wife for life, and upon her death the land was to be equally divided…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) An estate in reversion or a vested remainder may be levied on pending the continuance of the prior estate in possession. Wilkinson v. Chew, 54 Ga. 602. The leviable quality of the estate of Sallie Elizabeth Carswell is not at issue. The question is, does the entry of levy sufficiently describe the amount of the interest of the defendant in the- land? The statute (Civil Code of 1910, § 6206) declares: “The officer making a levy shall always enter the same on the process by virtue of which such levy is made, and in such entry shall plainly- describe the…
2Cases cited5 opinions
- Whatley v. Doe ex dem. NewsomSupreme Court of Georgia · 1851
- Wilkinson & Wilson v. ChewSupreme Court of Georgia · 1875
- Simms v. PhillipsSupreme Court of Georgia · 1874
- Williams v. BaynesSupreme Court of Georgia · 1889
- Belk v. Estes & Co.Supreme Court of Georgia · 1889
3Cited by7 opinions
- Clark v. C. T. H. Corp.Supreme Court of Georgia · 1936
- Pound v. FaulknerSupreme Court of Georgia · 1942
- In the Matter of Christopher John McLoughlin Bankrupt. Marion B. Stokes, Trustee, Appellant-Cross v. Trust Company of Georgia, Appellee-CrossCourt of Appeals for the Fifth Circuit · 1975
- Perkins v. Farmers BankSupreme Court of Georgia · 1923
- Floyd v. BraswellCourt of Appeals of Georgia · 1932
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