Walker v. Bank of Quitman

26 S.E. 84, 100 Ga. 88, 1896 Ga. LEXIS 565

• Court: Supreme Court of Georgia
• Decided: November 30, 1896
• Status: Published

Opinion

Lumpkin, J.

This case is controlled by the decision of this court in Brice v. Lane, adm’r, et al., 90 Ga. 294. Judgment affirmed.

Walker remained in possession of the property up- to- the time of h’is death, October 31, 1895, an-d his wife has since been in possession. She applied for a year’s support for hei’self and four minor children, and the appraisers made a return setting apart for this purpose the land so conveyed, in addition to a lot of personal property. Objections to the return were filed by the holder of the conveyance; which having been submitted to- the judge without a jury, he held that the instrument was a deed conveying the title, •and that the only estate- which the heirs of Wafer have in the land is -the equity of redemption after paying -the debt to secure- which t'he deed was given. To -this ruling Mrs. Walker excepted.

8. 8. 'Bemvet and M. Btmm, for plaintiff in error. G. M. Hitch, contra.