Rountree v. Gaulden
Supreme Court of Georgia
Claim. Before Judge Mitchell. Brooks superior court. June 1, 1906. The executors of Bountree obtained a judgment against Mrs. Jones, and caused the execution issuing thereon to be levied upon an undivided one-sixth interest in a described parcel of land. Gaulden interposed a claim. The case was submitted to the judge, without the intervention of a jurjr, who Beard the same upon certain agreed facts and evidence, and rendered a judgment finding the property not subject.
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Claim. Before Judge Mitchell. Brooks superior court. June 1, 1906. The executors of Bountree obtained a judgment against Mrs. Jones, and caused the execution issuing thereon to be levied upon an undivided one-sixth interest in a described parcel of land. Gaulden interposed a claim. The case was submitted to the judge, without the intervention of a jurjr, who Beard the same upon certain agreed facts and evidence, and rendered a judgment finding the property not subject. The plaintiffs in execution assign error upon this judgment, and also upon certain rulings upon the admissibility of…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
1. Upon the death of the husband the wife is entitled to dower. She is permitted to take, however, in lieu of dower a child’s share *740in the estate. If she elects to take her dower, she has no further interest in the realty. If she elects to take a child’s share, she is entitled to the share which a child would take, unless the shares exceed five in number, in which -event she is entitled to a one-fifth part of the estate. Civil Code, §3355. Her election to take a child’s part of the real estate in lieu of dower must be exercised within twelve months from the -grant of…
2Cases cited9 opinions
- Jossey v. BrownSupreme Court of Georgia · 1904
- LaGrange Mills v. KenerSupreme Court of Georgia · 1904
- Horn v. Ross & LeitchSupreme Court of Georgia · 1856
- Sewell v. SmithSupreme Court of Georgia · 1875
- Smiley v. PadgettSupreme Court of Georgia · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harris v. McDonaldSupreme Court of Georgia · 1921
- Reed v. NormanSupreme Court of Georgia · 1924
- Federal Land Bank of Columbia v. HensonSupreme Court of Georgia · 1928
- Donalson v. YeatesSupreme Court of Georgia · 1931
- Darnell v. WilliamsSupreme Court of Georgia · 1930
8 more not listed; retrieve them via the Exa API.