42 Ga. 209
Decided January 15, 1871
Supreme Court of Georgia · decided 1871-01-15
Executors. Priority of Lieus. Before Judge Andbews. Hancock Superior Court. April, 1870. John Cheeley died testate, leaving certain land to his legatees: His nominated executors were Thomas J. Dickson, George W. Davis and Mary Cheeley, all of whom qualified. In 1860, they, as such executors, offered for sale said land to the highest bidder, upon a credit, the purchaser to give security.
Decided 1871-01-15
¶1From the statement of facts disclosed by the record in this case, the Court below erred in deciding that the balance of the debt due on the judgment establishing the vendor’s lien on the land against Dickson, as the purchaser thereof, at the executor’s sale, was a debt due by Dickson, as the executor of John Cheeley, and as such, entitled to priority of payment out of the assets of Dickson’s estate.
¶2Let the judgment of the Court below be reversed.