Wainwright v. Morrow

178 S.E. 155, 180 Ga. 120, 1935 Ga. LEXIS 191

Opinion

Hutcheson, Justice.

1. An allowance of the statutory year’s support to a widow and children, or a widow, or children, is superior to the lien of a judgment for alimony.

2. While a judgment for alimony, payable in monthly installments of money, creating a special lien on land may not be classed as an ordinary debt, being more than such a debt, it is a debt within the meaning of the Civil Code of 1910, §§ 4000, 4041, providing that a year’s support to the family of the deceased shall be “preferred over all other debts.”

3. In the present case the court erred in decreeing that the lien for alimony of a divorced wife of the deceased was superior to a year’s support for his widow and children by a secojid marriage.

Judgment reversed.

All the Justices concur.