Ray v. Ashburn Bank

89 S.E.2d 889, 212 Ga. 37

• Court: Supreme Court of Georgia
• Decided: October 13, 1955
• Docket: 19110
• Status: Published

Opinion

Duckworth, Chief Justice.

Where, as here, stipulated facts show that the defendant in fi. fa. conveyed the land levied upon to a claimant for a valuable consideration, the deed containing a clause to the effect that the grantor reserved the right to occupy the conveyed land without paying rent “so long as he desires to do so,” the reservation is not a life estate, since by its plain terms it may be terminated at will; and it was therefore not subject to the levy, and the court erred in ruling against the claimant. Code § 61-101; Harber & Brother v. Nash, 126 Ga. 777 (55 S. E. 928). Compare Mitchell v. Spillers, 203 Ga. 565 (47 S. E. 2d 564).

Judgment reversed.

All the Justices concur.