Doe ex dem. Clements v. Roe
Supreme Court of Georgia
This was :an action of ejectment?) tried before Judge Alexander, in the Superior Court of Harris county, Sept. Term, 1847- The facts disclosed by the bill of exceptions, were : John Clements died in 1834 or 1835, being at the time of his death in possession of three lots of land, in originally Muscogee, now Harris county, the premises in dispute; and leaving at his death, his widow Mary Ann Clements, and the lessor of the plaintiff, Sarah F. Clements, then a minor, his only…
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This was :an action of ejectment?) tried before Judge Alexander, in the Superior Court of Harris county, Sept. Term, 1847- The facts disclosed by the bill of exceptions, were : John Clements died in 1834 or 1835, being at the time of his death in possession of three lots of land, in originally Muscogee, now Harris county, the premises in dispute; and leaving at his death, his widow Mary Ann Clements, and the lessor of the plaintiff, Sarah F. Clements, then a minor, his only heirs at law. The widow, failing to elect within the time prescribed by statute, was ■ entitled only to dower, and the…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] On the trial of this cause, it was objected, that the order to-sell all the real estate of the-decedent, was not sufficient authority to the administrators to sell the particular Ibis of land described' in the deed. Perhaps it would have been more regular, and the better practice undoubtedly is, to have the lands described by number and district, in the order of the Court of Ordinary granting leave to sell, so that it may distinctly appear, what lands of the intestate the administrator has leave of the Court to sell, for the payment of debts.…
2Cases cited1 opinion
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
3Cited by25 opinions
- Yahoola River & Cane Creek Hydraulic Hose Mining Co. v. IrbySupreme Court of Georgia · 1869
- Worthy v. JohnsonSupreme Court of Georgia · 1850
- Copelan v. KimbroughSupreme Court of Georgia · 1920
- Thomas v. CouchSupreme Court of Georgia · 1930
- Hall v. DavisSupreme Court of Georgia · 1905
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