Ingram v. Hurt
Supreme Court of Georgia
Illegality, in Baldwin Superior Court. Decision by Judge Johnson, August Term, 1851. Stith II. Ingram was the assignee of two judgments against Spencer Hurt, rendered against him in his lifetime. After his death, the fi. fas. issued thereon were levied on several slaves, the property of the estate. Elizabeth Hurt, the administratrix, filed an affidavit of illegality, on the ground that twelve months bad-not yet expired since the grant of administration to her.
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Illegality, in Baldwin Superior Court. Decision by Judge Johnson, August Term, 1851. Stith II. Ingram was the assignee of two judgments against Spencer Hurt, rendered against him in his lifetime. After his death, the fi. fas. issued thereon were levied on several slaves, the property of the estate. Elizabeth Hurt, the administratrix, filed an affidavit of illegality, on the ground that twelve months bad-not yet expired since the grant of administration to her. The Court sustained the illegality, and this decision is assigned as error.
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] This case came before the Court below, on an affidavit of illegality, filed by the administratrix of Spencer Hurt, deceased, to an execution which had been levied by the Sheriff on the property of her intestate, in her hands, as administratrix. The alleged ground of illegality is, that twelve months had not expired from the date of the administratrix’s letters, of administration, to the time of the levy; and the question is, whether a *569judgment obtained against the intestate in his life time, may be collected, by the levy of an execution…
2Cited by3 opinions
- Almond v. MobleyCourt of Appeals of Georgia · 1929
- Professional Discount Corp. v. Fulton National BankSupreme Court of Georgia · 1967
- Holt v. LaurensSupreme Court of Georgia · 1941