American Mortgage Co. v. Hill
Supreme Court of Georgia
Levy and claim. Before Judge Guerry. Quitman superior court. September term, 1892. An execution against W. M. Tennille was levied on land which was claimed by W. A. Hill as trustee for Mary J. Tennille et al. By agreement the case was submitted to the judge without a jury. He held the property not subject to the execution, and afterwards denied .a new trial, and the plaintiff excepted.
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Levy and claim. Before Judge Guerry. Quitman superior court. September term, 1892. An execution against W. M. Tennille was levied on land which was claimed by W. A. Hill as trustee for Mary J. Tennille et al. By agreement the case was submitted to the judge without a jury. He held the property not subject to the execution, and afterwards denied .a new trial, and the plaintiff excepted. Errors are assigned upon the ruling, that an estate in remainder passed under the will of Lucinda M. Tennille, the mother of W. M. Tennille, to his wife and children, and that the land in dispute could not be…
1Opinion of the Court
Bleckley, Chief Justice.
The ultimate question in the court below was whether the premises levied upon by virtue of an execution in favor of the mortgage company against W. M. Tennille was subject to sale as his property, as against a claim thereto interposed by Hill as trustee for Tennille’s wife and children. At the death of Tennille’s mother in August, 1864, these premises belonged to her, and she died testate, leaving him her residuary legatee, he being her only child. Her husband and her husband’s brother were nominated in the will as executors, but they never qualified. Her husband died…
2Cases cited1 opinion
- Odom v. CauseySupreme Court of Georgia · 1877
3Cited by7 opinions
- Sweeney v. SweeneySupreme Court of Georgia · 1903
- Weaver v. Webb, Galt & KelloggCourt of Appeals of Georgia · 1908
- Armour Fertilizer Works v. LacySupreme Court of Georgia · 1916
- Branson v. WatkinsSupreme Court of Georgia · 1895
- North Georgia Fertilizer Co. v. LemingSupreme Court of Georgia · 1912
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