Jukes v. Hull
Supreme Court of Georgia
Claim. Before Judge Greeu (of the city court of Athens). Clarke superior court. May 14, 1930. A fi. fa. for five hundred dollars principal, issued in favor of Nancy A. Jukes against J. T. Anderson as executor of T. C. Deloney, was levied upon described land as the property of the estate of T. C. Deloney, deceased. A claim to the property was interposed by Mrs. Bosa D. Hull, Bosa Hull Carson, and Leila May, Henry, and Deloney Hull.
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Claim. Before Judge Greeu (of the city court of Athens). Clarke superior court. May 14, 1930. A fi. fa. for five hundred dollars principal, issued in favor of Nancy A. Jukes against J. T. Anderson as executor of T. C. Deloney, was levied upon described land as the property of the estate of T. C. Deloney, deceased. A claim to the property was interposed by Mrs. Bosa D. Hull, Bosa Hull Carson, and Leila May, Henry, and Deloney Hull. It appears that T. C. Deloney was the brother of Mrs. Bosa D. Hull; that under the will of their mother Deloney had a life-interest in the property levied upon, and…
1Opinion of the CourtGilbert, J.
1. The evidence, construed in the light most favorable to the claimant, Mrs. Hull, was insufficient to authorize the finding that the release was signed by her to be delivered to Mrs. Jukes on condition only that the remaindermen also signed. Her evidence shows merely that she believed the release would be ineffectual without the signatures of the remaindermen, and that she did not believe they would sign. This requires a reversal of tho .judgment refusing to grant a new trial.
2. The court did not err in overruling the demurrer to the plaintiff’s amendment to the issue tendered.
3. The…
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