Harwell v. Foster
Supreme Court of Georgia
Claim. Before Judge Hart. Morgan superior court. September term, 1896. To land advertised for sale by F. C. Foster, executor of A. G. Foster, as property of the estate of the testator, a claim was interposed by Mattie Y. Harwell and others.
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Claim. Before Judge Hart. Morgan superior court. September term, 1896. To land advertised for sale by F. C. Foster, executor of A. G. Foster, as property of the estate of the testator, a claim was interposed by Mattie Y. Harwell and others. When the claim case was called, it was admitted that the executor was proceeding to sell the land in question by authority of the will of the testator, and not by order of the court of ordinary; whereupon the executor made a motion' to dismiss the claim, on the ground that the law did not authorize the filing of a claim to property advertised for sale by…
1Opinion of the CourtSimmons, C. J.
Claims by third persons to arrest sales are purely the offspring of statute. If there be no statute allowing a claim, none can be filed; the person whose property is advertised for sale must resort to his common-law remedies. The statutes of this State have provided a remedy by claim in those cases only where the sale of the property is authorized by the judgment of a court. In cases of executors and administrators, third persons are allowed t6 claim where the executor or administrator “shall advertise that it is his intention to apply for leave to sell any real estate as the property of his…
2Cited by5 opinions
- Golden v. StateCourt of Appeals of Georgia · 1932
- Hollinshed v. WoodardSupreme Court of Georgia · 1906
- Green v. FreemanSupreme Court of Georgia · 1906
- Davis v. DavisCourt of Appeals of Georgia · 1922
- Thomas v. StateCourt of Appeals of Georgia · 1934