Legal Opinion

Bank of Eton v. Owens

Supreme Court of Georgia

Decided February 15, 1917PublishedCited by 3 opinions

Claim to land. Before Judge Eite. Murray superior court. January 31, 1916. The Bank of Eton obtained a mortgage fi. fa. against C. T. Owens, and had it levied upon certain real estate described as being a one-half undivided interest in lots of land 268 and 269 in the tenth district and third section of Murray county, as the property of the defendant in fi. fa.

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Claim to land. Before Judge Eite. Murray superior court. January 31, 1916. The Bank of Eton obtained a mortgage fi. fa. against C. T. Owens, and had it levied upon certain real estate described as being a one-half undivided interest in lots of land 268 and 269 in the tenth district and third section of Murray county, as the property of the defendant in fi. fa. Osmo Owens, the son of C. T. Owens, filed a claim to the property, and an ancillary petition in aid of his claim; and joined 0. W. Muller, as executor of the last will and testament of Arabella C. Summerour, with him, the executor being…

1Opinion of the CourtHill, J.

1. Where property was bequeathed by will to one in another State, and the will according to the laws of that State was sufficient to make a valid devise of personalty (having only two witnesses), the title of the devisee thus obtained will be recognized in this State after the personalty has been, brought into this State. Ellington v. Harris, 127 Ga. 85 (56 S. E. 134, 119 Am. St. R. 320).(a) But where the devise was to A for life, with remainder to the children of A, and the executor in the other State sold the personalty in the other State, and from the proceeds of the sale advanced money to…

2Cases cited2 opinions

  1. Maddox v. OxfordSupreme Court of Georgia · 1883
  2. Ellington v. HarrisSupreme Court of Georgia · 1906

3Cited by3 opinions

  1. Carmichael v. Citizens & Southern BankSupreme Court of Georgia · 1926
  2. Fraser v. RummeleSupreme Court of Georgia · 1943
  3. Blackwell v. GrantCourt of Appeals of Georgia · 1933

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