Bowen v. Johnson
Supreme Court of Georgia
In Equity, in Coweta Superior Court. Decision on demurrer, made by Judge Hill. March Term, 1852. This was a bill for “ discovery, account and relief,” brought by John C. Johnson, as the administrator of Josiah Woods, against John and Thomas M. Bowen, as executors of Christopher Bowen, deceased, returnable to the September Term, 1850, of Coweta Superior Court.
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In Equity, in Coweta Superior Court. Decision on demurrer, made by Judge Hill. March Term, 1852. This was a bill for “ discovery, account and relief,” brought by John C. Johnson, as the administrator of Josiah Woods, against John and Thomas M. Bowen, as executors of Christopher Bowen, deceased, returnable to the September Term, 1850, of Coweta Superior Court. The bill alleges that in the year 1821, Josiah Woods, of Franklin County, in the State of Virginia, made and executed to Christopher Bowen, then of Oglethorpe County, a power of attorney, to sell, dispose of, and convey, in the name of…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The transaction presented in this bill, does not, in our opinion, amount to such a trust as is exempt, from the operation of the Statute of Limitations. We consider it a specific agency to sell lands, and no more; and if protected from the limitation Act, it is not perceived why all agencies created by power of attorney, to do certain definite acts, are not equally protected. I need not quote authority to prove that a naked power, limited to the performance of a defined act, is not such a technical trust as belongs exclusively to the Chancery…
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