Sargent v. Burdett
Supreme Court of Georgia
Levy and claim. Before Judge Harris. Coweta superior court. March term, 1894. An execution in favor of A. R. Burdett against H. J. Sargent, founded upon a judgment of the city court of Newnan, dated November 27, 1893, for $475 principal, $134 interest, and costs, was levied on a lot of land in the city of Newnan, on which the Sargent residence is situated. A claim was interposed by George H., Joseph B. and Henry B. Sargent as trustees for H. J. Sargent.
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Levy and claim. Before Judge Harris. Coweta superior court. March term, 1894. An execution in favor of A. R. Burdett against H. J. Sargent, founded upon a judgment of the city court of Newnan, dated November 27, 1893, for $475 principal, $134 interest, and costs, was levied on a lot of land in the city of Newnan, on which the Sargent residence is situated. A claim was interposed by George H., Joseph B. and Henry B. Sargent as trustees for H. J. Sargent. They relied upon a deed of conveyance from H. J. Sargent to them as trustees, dated December 9, 1888, embracing the property levied on and a…
1Opinion of the Court
Atkinson, Justice.'
The official report states the facts. According to the record in this case, the defendant in execution, H. J. Sargent, being the owner of the property levied on, previous to the rendition of the judgment against him, conveyed the same by deed to the claimants, the same to be held by them as trustees, the incomes, rents and profits of the property to be applied to the support and maintenance of the grantor and his wife. The grantor was sui juris, in the full possession of his mental faculties, else he could not convey by deed at all; and the only reason assigned by him for…
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