Barron v. Burney
Supreme Court of Georgia
Assumpsit. Distribution of estates. Tried before Judge Foster. Jasper Superior Court. October Term, 1867. On tbe 2nd of March, 1861, John W. Burney, Jr., as principal, and John W. Burney, Sr., as security, made and delivered to said Barron their promissory note for $3,630 00, due 10th of November, 1861. John W. Burney, Sr., died in December, 1864, leaving as heirs and distributees of bis estate John W. Burney, Jr., James S., William, J. J. H., C. 0., Lucy and C. R. Burney,…
Read the full summary
Assumpsit. Distribution of estates. Tried before Judge Foster. Jasper Superior Court. October Term, 1867. On tbe 2nd of March, 1861, John W. Burney, Jr., as principal, and John W. Burney, Sr., as security, made and delivered to said Barron their promissory note for $3,630 00, due 10th of November, 1861. John W. Burney, Sr., died in December, 1864, leaving as heirs and distributees of bis estate John W. Burney, Jr., James S., William, J. J. H., C. 0., Lucy and C. R. Burney, and Mary B. and T. M. Swanson. On the 22d of February, 1865, these heirs and distributees, because there were certain…
1Opinion of the CourtMcCay, J.
1. As between themselves, we see no objection to heirs-at-law, who are all sui juris, dispensing with administration and settling the estate by an agreement among themselves.
But as against creditors, if they do this, they are executors de son tort, and áre liable as such. If they have converted the property they are responsible for it, under the law governing suits against executors de son tort, and they cannot escape this bjr turning over to the administrator, after-wards appointed, the notes they took from the purchasers. At common law, it was presumed that every person who assumed control…
2Cited by17 opinions
- Shingler v. ShinglerSupreme Court of Georgia · 1937
- Goss v. HarrisSupreme Court of Georgia · 1903
- McNair v. RabunSupreme Court of Georgia · 1924
- Backer v. City Bank & Trust Co.Supreme Court of Georgia · 1935
- State v. Southwestern RailroadSupreme Court of Georgia · 1883
12 more not listed; retrieve them via the Exa API.