Albrecht v. Nix
Albrecht v. Nix
Opinion of the Court
The controlling issue presented by this appeal and cross appeal is whether certain funds brought into court in a garnishment proceeding were the individual funds of Mrs. Jettie Ward Nix or belonged to the estate of her husband of which she was executrix. If they were estate funds, then they should have been distributed pro rata among certain creditors of the estate; if they belonged to Mrs. Nix individually, then the trial court properly awarded them to H. W. Cauthen, Sr., the appellee and cross appellee, in satisfaction of a judgment which he had obtained against Mrs. Nix in her individual capacity and as executrix of the decedent’s estate. See in this connection, Nix v. Cauthen, 220 Ga. 850 (142 SE2d 230).
Held:
The record in this case discloses that the subject funds were derived from the sale by Mrs. Nix in her individual capacity of the equity of redemption in certain property which had been set apart to her as year’s support. .Clearly, therefore, these
The judgment of the trial court was not erroneous for any reasons enumerated.
Judgment affirmed on main and cross appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.