Judges: Jackson
Filed Date: 2/19/1884
Status: Precedential
Modified Date: 10/19/2024
The year’s support set apart for a widow and children was in land. Several years after it was so set apart, she married and sold the land. The children having arrived at majority, sued for their portion of the land, as heirs at law
1. We think that the marriage of the mother made a complete change of the relation of the parties and the status of the case. Her eye was no longer single towards the children. Her affections were divided, and in a large measure another’s. This court decided that she could sell for herself and her children, to feed and clothe them, when necessary to sell in order to support the household.,
■ 2. The defendant here bought fairly, paid full price. .The husband and wife have' land, - it appears in the record, bought with his money, paid for the land of these children; they have been supported in part, perhaps, out of this land so bought; there are equities all around; and therefore, whilst we reverse the judgment for the defendant, and grant a new trial, we do so with the intimation that a bill in equity, making this husband and wife, as well as these plaintiffs, parties defendants, may adjust the equities between all concerned,- so as better to subserve the ends of justice than a naked issue between the present plaintiffs and the defendant..
Judgment reversed.
69 Ga., 369, and citations.