Barber v. Barber
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Littlejohn. Dooly superior court. June 30, 1905. Mrs. Sallie Barber brought suit against the executor of her husband, alleging that he was indebted to her in the sum of $6,350, besides interest from March 30, 1869, such indebtedness being claimed to have arisen from a trust relation brought about by his having the control and management of her estate during life.
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Exceptions to auditor’s report. Before Judge Littlejohn. Dooly superior court. June 30, 1905. Mrs. Sallie Barber brought suit against the executor of her husband, alleging that he was indebted to her in the sum of $6,350, besides interest from March 30, 1869, such indebtedness being claimed to have arisen from a trust relation brought about by his having the control and management of her estate during life. The defendant in his answer denied the existence of the debt, and pleaded the statute of limitations. The case was referred to an auditor, who reported that the husband was indebted to the…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) Edward Barber, in 1863, married a widow who was the mother of two small children and the owner of a small farm and of one mule, one wagon, fifty head of cattle, and other personal property. He immediately took possession of the property, and managed and controlled the same for his wife until 1884. The farm was worth fifty dollars per annum for rent. The cattle and other property w;ere used by him according to his own discretion, and practically in the 'same manner as one would use his own property. No account was ever rendered by him to his wife, and none…
2Cases cited4 opinions
- Teasley v. BradleySupreme Court of Georgia · 1900
- Rucker v. MaddoxSupreme Court of Georgia · 1902
- Oliver v. HammondSupreme Court of Georgia · 1890
- First State Bank v. AveraSupreme Court of Georgia · 1905
3Cited by13 opinions
- Wallace v. MizeSupreme Court of Georgia · 1922
- Bacon v. BaconSupreme Court of Georgia · 1925
- Young v. WilsonSupreme Court of Georgia · 1936
- Allen v. AllenSupreme Court of Georgia · 1943
- Allen v. AllenSupreme Court of Georgia · 1944
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