Merritt v. Merritt
Supreme Court of Georgia
Judgments. Homestead. Statute of Limitations. Mi•nors. Administrators and executors. Before Judge Lawson. Greene Superior Court. September Term, .1880. An execution in favor of Susan E. Merritt et al., against James Merritt, executor of Thomas Merritt, was levied upon four hundred acres of land, as the property of James Merritt. Sarah Merritt, both for herself and as next friend of her minor children, interposed a claim to said four hundred ácres of land.
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Judgments. Homestead. Statute of Limitations. Mi•nors. Administrators and executors. Before Judge Lawson. Greene Superior Court. September Term, .1880. An execution in favor of Susan E. Merritt et al., against James Merritt, executor of Thomas Merritt, was levied upon four hundred acres of land, as the property of James Merritt. Sarah Merritt, both for herself and as next friend of her minor children, interposed a claim to said four hundred ácres of land. The ft. fa. was as follows: •“ Georgia — Greene County. “To all and singular the sheriffs of said state, greeting: James 'Merritt, of said…
1Opinion of the Court
Jackson, Chief Justice.
The legal question made in this record is whether or not the wife and children, as beneficiaries of a homestead set apart to them out of the estate of the husband and father, are concluded by the judgment of the ordinary on a settlement before him between said father and husband and legatees under a will of which said father and husband is the executor. If not concluded, the equitable plea is not only good but even without it the verdict, if that plea states the facts, would be against law and evidence on proof of the facts,
*332The claim of the legatees is under the will,…
2Cases cited4 opinions
- A. J. Williams & Co. v. TerrellSupreme Court of Georgia · 1875
- Worthy v. JohnsonSupreme Court of Georgia · 1851
- Gause v. WalkerSupreme Court of Georgia · 1875
- Frost v. BordersSupreme Court of Georgia · 1877
3Cited by4 opinions
- East Rome Town Co. v. CothranSupreme Court of Georgia · 1889
- McCrary v. ClementsSupreme Court of Georgia · 1895
- Williams v. MerrittSupreme Court of Georgia · 1900
- Goodwyn v. VealCourt of Appeals of Georgia · 1935