Legal Opinion

Few v. Walton

Supreme Court of Georgia

Decided February 15, 1879PublishedCited by 1 opinion

Levy and sale. Claim. Before Judge Bartlett. Morgan Superior Court. September Term, 1878. Mrs. Walton, as administratrix of her deceased husband, filed her bill against Poullain, executor, et al., to marshal assets, etc. The matters in controversy were referred to arbitration.

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Levy and sale. Claim. Before Judge Bartlett. Morgan Superior Court. September Term, 1878. Mrs. Walton, as administratrix of her deceased husband, filed her bill against Poullain, executor, et al., to marshal assets, etc. The matters in controversy were referred to arbitration. The award which, with an amendment, was made the judgment of the court, contained this item : “We further award and decree that, in discharge of the claims of dower, homestead and other exemptions set up in said bill of complaint, the said Ann E. Walton, the widow of the said I. L. Walton, in writing which is hereto…

1Opinion of the Court

Warner, Chief Justice.

This was a claim case and by consent was submitted to the decision of the court both as to the law and the facts without the intervention of a jury. The court, after hearing the evidence and the argument of counsel, dismissed the plaintiff’s levy, to which judgment the plaintiff excepted on the following grounds: 1. Because said judgment was coutrary to law and the evidence. 2. Because said judgment was strongly and decidedly against the weight of the evidence.

The claimant claimed the land under a judgment upon an award which vested the title in her and her children…

2Cited by1 opinion

  1. O'Kelley v. GholstonSupreme Court of Georgia · 1892

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