Jones v. Crawley
Supreme Court of Georgia
Wills. Estates. Injunction. Equity. Before Judge Stewart. Pike County. At Chambers. May 14th, 1881. To the report contained in the decision, it is only necessary to add the following: A fi. fa. in favor of Jones was levied on certain land. Crawley, on behalf of himself and his children, filed a bill to enjoin the sale. He claimed as a life tenant under the item of his father’s will set out in the first head-note above, and for his children as remaindermen.
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Wills. Estates. Injunction. Equity. Before Judge Stewart. Pike County. At Chambers. May 14th, 1881. To the report contained in the decision, it is only necessary to add the following: A fi. fa. in favor of Jones was levied on certain land. Crawley, on behalf of himself and his children, filed a bill to enjoin the sale. He claimed as a life tenant under the item of his father’s will set out in the first head-note above, and for his children as remaindermen. He alleged the tender of a claim affidavit and bond to the sheriff on behalf of his children, and his refusal to receive them. The court…
1Opinion of the Court
Jackson, Chief Justice.
The chancellor granted an injunction to restrain the judgment creditor from proceeding against the property of defendant in execution at the prayer of the said defendant, in his own right and as next friend of his children. The allegation is that he has a life estate only and the children the remainder under the will of his father, which is exhibited to the bill. The fifth item of the will which disposes of the land in question is as follows : “ I give and bequeath the whole of my estate, both real and personal, not disposed of above, to my three sons (naming them) and…
2Cases cited1 opinion
- Perkerson v. OverbySupreme Court of Georgia · 1877
3Cited by7 opinions
- Doren v. GillumIndiana Supreme Court · 1894
- Carter v. Reserve Gas Co.West Virginia Supreme Court · 1919
- North Georgia Fertilizer Co. v. LemingSupreme Court of Georgia · 1912
- Smith v. SmithSupreme Court of Georgia · 1946
- In re HaslettDistrict Court, N.D. Georgia · 1902
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