Davie v. McDaniel
Supreme Court of Georgia
Administrator’s sale. Authority to sell. Jurisdiction. Practice in Court of Ordinary. Eecitals in deed. Presumptions. Eecord of deed. Before Judge Gibson. Columbia Superior Court. May Term, 1872. William H. Davie obtained judgment on July 3d, 1866, against Thomas A. Blanchard as administrator of Uriah Blan- | chard, deceased, upon a note of the intestate.
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Administrator’s sale. Authority to sell. Jurisdiction. Practice in Court of Ordinary. Eecitals in deed. Presumptions. Eecord of deed. Before Judge Gibson. Columbia Superior Court. May Term, 1872. William H. Davie obtained judgment on July 3d, 1866, against Thomas A. Blanchard as administrator of Uriah Blan- | chard, deceased, upon a note of the intestate. The execution \ based upon this judgment was levied upon a tract of land / owned by Uriah Blanchard at his death, to which a claim was I interposed by Marion- McDaniel. ' It appeared from the evidence that Thomas A. Blanchard qualified as…
1Opinion of the Court
Montgomery, Judge.
1. That Courts of Ordinary are Courts of original, exclusive and general jurisdiction of the sale and disposition of the real property belonging to, and the distribution of, deceased persons’ estates, is provided in totidem verbis, by the Code, section 366. And to the same effect is the Act of 1856, (Acts of 1855-6, page 147,) which first made them Courts of general jurisdiction, which Act, it may be remarked, was passed in response to a call for just such an Act made by Judge Lumpkin, in Tucker vs. Harris, 13 Georgia, 1, and to remedy the evils found to result from the…
2Cited by29 opinions
- Stuckey v. WatkinsSupreme Court of Georgia · 1900
- Stringfellow v. StringfellowSupreme Court of Georgia · 1900
- Cleghorn v. JohnsonSupreme Court of Georgia · 1882
- Copelan v. KimbroughSupreme Court of Georgia · 1920
- Bailey v. RossSupreme Court of Georgia · 1882
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