Reed v. Aubrey
Supreme Court of Georgia
Before Judge Milner. Bartow-superior court. July term, 1892. A petition was brought to foreclose a mortgage made by William Aubrey and his wife.
Read the full summary
Before Judge Milner. Bartow-superior court. July term, 1892. A petition was brought to foreclose a mortgage made by William Aubrey and his wife. William Aubrey had died; his wife was appointed his executrix, and letters testamentary issued to her on May 2, 1881. The petition to foreclose was brought on August 3, 1882, and she pleaded at the trial that, in pursuance of her due application and the judgment of the court of ordinary, she sold the mortgaged property at executrix’s sale on the first Tuesday in December, 1883, to pay the debts of testator, for $2,100 which was duly paid to her; so…
1Opinion of the Court
Lumpkin, Justice.
1. An executrix has the right, in the due course of administration, to sell the property of her testator for the purpose of paying the debts of the estate, or carrying out the provisions of the will. Indeed, a sale of realty by an executrix will divest the lien of an existing judgment, unless the property is under levy at the time the sale is made. Accordingly, in Newsom, adm’r, v. Carlton, adm’r, this court ruled that a proceeding to forclose a mortgage upon realty given by an intestate would be defeated by an administrator’s sale regularly made, and that the mortgage…
2Cases cited2 opinions
- Davoue v. FanningNew York Court of Chancery · 1816
- Newsom v. CarltonSupreme Court of Georgia · 1877
3Cited by14 opinions
- Lowery v. IdlesonSupreme Court of Georgia · 1903
- Moore v. CareySupreme Court of Georgia · 1902
- Dolvin Realty Company v. HolleySupreme Court of Georgia · 1948
- Reserve Loan Life Insurance v. PhillipsSupreme Court of Georgia · 1923
- Gann v. ZettlerCourt of Appeals of Georgia · 1908
9 more not listed; retrieve them via the Exa API.