Willingham v. Lee

Eberhardt, Judge.

In this levy and claim case, there was evidence that Mr. and Mrs. Willingham jointly owned a house on Park Drive in Decatur, Georgia. Upon making a contract to sell the property, they received $1,000 cash as earnest money which they, in turn, used as earnest money for the purchase (from a builder) of a house to be constructed on a lot on Ponte Vedra Court. When the time came to close the purchase of the Ponte Vedra property, the sale of the Park Drive property had not been closed, and Mr. and Mrs. Willingham jointly executed a note to the Ponte Vedra builder in the amount of…