Seals v. Pierce, Little & Co.
Supreme Court of Georgia
Deeds. Wills. Construction. Before Judge Lumpkin. Hancock superior court. April term, 1889. An execution in favor of Pierce, Little & Co. against M. D. Seals having been levied, a claim was interposed by M. B. Seals, agent for H. Y. Seals, and the case thus made was submitted to the judge without a jury for decision upon an agreement, as to facts, that if the instrument hereafter referred to from Nancy Copelan to Eldora Seals is testamentary in its character and not á deed,…
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Deeds. Wills. Construction. Before Judge Lumpkin. Hancock superior court. April term, 1889. An execution in favor of Pierce, Little & Co. against M. D. Seals having been levied, a claim was interposed by M. B. Seals, agent for H. Y. Seals, and the case thus made was submitted to the judge without a jury for decision upon an agreement, as to facts, that if the instrument hereafter referred to from Nancy Copelan to Eldora Seals is testamentary in its character and not á deed, the property levied on is not subject, but if the instrument is a deed passing title to Eldora Seals, the property is…
1Opinion of the Court
Simmons, Justice.
The only question made in this case is, whether the paper set out in the record is a will or a deed.. It is conceded on both sides that if it is a will .the property is .not subject to the execution, and if it is a deed it is subject. The-court below held that it was a deed, and put his decision upon the case of White v. Hopkins, 80 Ga. 154. We agree with the court below that the case at bar is ruled by that case. Judgment affirmed.
2Cases cited1 opinion
- White v. HopkinsSupreme Court of Georgia · 1887
3Cited by11 opinions
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- Wynn v. WynnSupreme Court of Georgia · 1900
- Watts v. LawrenceWyoming Supreme Court · 1919
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