Shorter v. Methvin
Supreme Court of Georgia
Trusts. Debtor and creditor. Husband and wife. Before Judge Strozbr. Quitman Superior Court. November Term, 1873. At the May term, 1872, of Quitman superior court, James A. P. Methvin recovered a judgment against John Gill Shorter as principal, and William Harrison and Theodore L. Guerry, as executors of James Harrison, deceased, as security, for $2,112 00, besides interest.
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Trusts. Debtor and creditor. Husband and wife. Before Judge Strozbr. Quitman Superior Court. November Term, 1873. At the May term, 1872, of Quitman superior court, James A. P. Methvin recovered a judgment against John Gill Shorter as principal, and William Harrison and Theodore L. Guerry, as executors of James Harrison, deceased, as security, for $2,112 00, besides interest. On March 15th, 1873, this execution was transferred to William Harrison, trustee, for a valuable consideration. On August 2d, 1873, it was levied on certain personalty as the property of Shorter. A claim, was interposed…
1Opinion of the Court
McCay, Judge.
1. It would hardly admit of question, if this were a proceeding directly against the trustee in this deed, to compel him to account, that under a proper construction of it, according to the settled rules, he would be held not liable. The fundamental rule, the rule which swallows up almost all others in construing a paper, is to give it that meaning which will best carry into effect the intent of the parties. This is the object of rules of interpretation, to discover the true intent of the parties, and in doing this we are to take the whole of a deed together, and to consider this…
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