Legal Opinion

Ray v. Ashburn Bank

Supreme Court of Georgia

Decided October 13, 1955No. 19110PublishedCited by 2 opinions

1Opinion of the Court

Duckworth, Chief Justice.

Where, as here, stipulated facts show that the defendant in fi. fa. conveyed the land levied upon to a claimant for a valuable consideration, the deed containing a clause to the effect that the grantor reserved the right to occupy the conveyed land without paying rent “so long as he desires to do so,” the reservation is not a life estate, since by its plain terms it may be terminated at will; and it was therefore not subject to the levy, and the court erred in ruling against the claimant. Code § 61-101; Harber & Brother v. Nash, 126 Ga. 777 (55 S. E. 928). Compare…

2Cases cited2 opinions

  1. Mitchell v. SpillersSupreme Court of Georgia · 1948
  2. Brother v. NashSupreme Court of Georgia · 1906

3Cited by2 opinions

  1. Day v. TribbleSupreme Court of Georgia · 1974
  2. Estate of Mary Edwards Helms Peacock, Deceased, Wilbur T. Edwards, Jr. v. United StatesCourt of Appeals for the Eleventh Circuit · 1990

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