Jefferson v. Bowers
Supreme Court of Georgia
Motion for a rule absolute to establish a lost note, in Muscogee Superior Court. Decided by Judge Worrill, at May Term, 1862. Lloyd G. Bowers, as guardian of Harvey W. Nanee, a lunatic, by petition properly verified, obtained a rule nisi, in Muscogee Superior Court, against Richard G. Jefferson, calling on him to show cause why the following note should not be established in lieu of the original, which had been lost: $1,420 00. Columbus, Ga., Feb’y 1st, 1854. Six years after…
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Motion for a rule absolute to establish a lost note, in Muscogee Superior Court. Decided by Judge Worrill, at May Term, 1862. Lloyd G. Bowers, as guardian of Harvey W. Nanee, a lunatic, by petition properly verified, obtained a rule nisi, in Muscogee Superior Court, against Richard G. Jefferson, calling on him to show cause why the following note should not be established in lieu of the original, which had been lost: $1,420 00. Columbus, Ga., Feb’y 1st, 1854. Six years after date, we, or either of us, promise to pay Harvey W. Nance, or bearer, $1,420, value received; as witness our hands and…
1Opinion of the Court
By the Court. —
Lumpkin, Cl J., delivering the opinion.
By the Act of 11th December, 1858, (see pamphlet 57,) it is provided, that “whenever any' ward or wards shall departthis life, leaving assets of any kind, the guardian or guardians of said ward or wards are hereby vested with all the powers of administrators on estates, and shall be controlled by the laws in force in this State in relation to administrators.”
Whatever doubts may have existed, as it respects the applicability of this Act to the guardians of lunatics, section 1804 of the Code, page 358, settles the matter. It declares that…
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