Sheppard v. Hightower

Supreme Court of Georgia

Sheppard v. Hightower

176 S.E. 641, 179 Ga. 633, 1934 Ga. LEXIS 357

CourtSupreme Court of Georgia

DecidedOctober 11, 1934

DocketNo. 10325

StatusPublished

This text of 176 S.E. 641 (Sheppard v. Hightower) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sheppard v. Hightower, 176 S.E. 641, 179 Ga. 633, 1934 Ga. LEXIS 357 (Ga. 1934).

Pincite

Opinion

Eussell, C. J.

The plaintiff’s petition prayed that a levy on described land under an execution against her as administratrix of the estate of her deceased husband be enjoined pending her application for a year’s support on behalf of herself and her three minor children. She alleged that the levy was under a common-law execution, not for purchase-money or otherwise superior to her right to year’s support; that the suit resulting in the judgment on which the execution was based was filed during the lifetime of her husband; that after his death she was appointed administratrix of his estate, and as such was made a party to the suit; and that in this suit a deed executed by her husband to the land under levy was canceled as having been made to hinder, delay, and defraud the plaintiff in that suit. Held, that the court erred in dismissing the petition on general demurrer.

Judgment reversed.

All the Justices concur.

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Eussell, C. J.

The plaintiff’s petition prayed that a levy on described land under an execution against her as administratrix of the estate of her deceased husband be enjoined pending her application for a year’s support on behalf of herself and her three minor children. She alleged that the levy was under a common-law execution, not for purchase-money or otherwise superior to her right to year’s support; that the suit resulting in the judgment on which the execution was based was filed during the lifetime of her husband; that after his death she was appointed administratrix of his estate, and as such was made a party to the suit; and that in this suit a deed executed by her husband to the land under levy was canceled as having been made to hinder, delay, and defraud the plaintiff in that suit. Held, that the court erred in dismissing the petition on general demurrer.

Judgment reversed.

All the Justices concur.

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Bluebook (online)

176 S.E. 641, 179 Ga. 633, 1934 Ga. LEXIS 357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheppard-v-hightower-ga-1934.