Floyd v. Braswell

1. Where one owning real estate dies, the title to the real estate passes to his heirs (Hoyt v. Ware, 156 Ga. 98, 118 S. E. 734), and the undivided, interest of an heir at law in such real estate is subject to levy and sale under an execution against him. Perkins v. Farmers Bank, 156 Ga. 841 (120 S. E. 528). The fact that the undivided interest of an heir may be subject to a life estate in another person will not prevent the subjection of his vested interest to levy and sale. Wilkinson v. Chew, 54 Ga. 603) ; Lufburrow v. Koch, 75 Ga. 448.

2. A sale under judicial process can not be of a larger…