Fleming v. Foran
Supreme Court of Georgia
In Equity, in Muscogee Superior Court. Decision on demurrer, by Judge Iverson, November Term, 1852. Thomas Fleming died testate, leaving a considerable estate; James Sullivan qualified as the executor of the will, and took possession of the estate.
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In Equity, in Muscogee Superior Court. Decision on demurrer, by Judge Iverson, November Term, 1852. Thomas Fleming died testate, leaving a considerable estate; James Sullivan qualified as the executor of the will, and took possession of the estate. Rachel E. Fleming and others, the legatees under the will, filed a bill against Sullivan, alleging that he permitted three valuable'city lots to be sold by the Sheriff of Muscogee County, under a fi. fa. against the testator, and became the purchaser himself, at an inadequate price; that he subsequently sold one of the lots to James Foran, and…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
This was a bill filed in the Superior Court of Muscogee County, alleging, among other things, that one Thomas Fleming, on the 21st day of March, 1843, made and published his last will testament, and that he departed this life the same year, leaving the complainant, Rachel E. Fleming, his widow, and two daughters, Eleanor, who has since intermarried with Joseph C. Brewer, and Maria, who has since intermarried with Thomas S. Dunbar, his only heirs and legatees; that James Sullivan was appointed and qualified as executor to the will, and took upon…
2Cited by18 opinions
- Nathans v. ArkwrightSupreme Court of Georgia · 1880
- Collier v. CollierSupreme Court of Georgia · 1912
- Warner v. HillSupreme Court of Georgia · 1922
- Turner v. KirkwoodCourt of Appeals for the Tenth Circuit · 1931
- MacDougall v. National BankSupreme Court of Georgia · 1920
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