Supreme Court of Georgia, 1955

Ray v. Ashburn Bank

Ray v. Ashburn Bank
Supreme Court of Georgia · Decided October 13, 1955 · Duckworth
89 S.E.2d 889; 212 Ga. 37 (South Eastern Reporter, Second Series)

Ray v. Ashburn Bank

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.

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