Flanders v. Flanders
Supreme Court of Georgia
In Equity, from Bibb county. Tried before Judge Powers, at May Term, 1857. This was a bill filed by Susannah A. Flanders, John T. Price and wife, Artemas Archer and wife, and James E. Flanders, (a minor, by his next friend, John T. Price,) against David Flanders, the administrator of Henry Flanders, deceased.
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In Equity, from Bibb county. Tried before Judge Powers, at May Term, 1857. This was a bill filed by Susannah A. Flanders, John T. Price and wife, Artemas Archer and wife, and James E. Flanders, (a minor, by his next friend, John T. Price,) against David Flanders, the administrator of Henry Flanders, deceased. The bill alleges that Henry Flanders departed this life intestate, about the 2d November, 1843, possessed of a considerable estate, and leaving as his heirs and distributees, the said Susannah A. Flanders, his widow, and their infant children, Sarah L. Flanders, who has since married…
1Opinion of the Court
By the Court —
Benning, J.
delivering the opinion.
Was any one of the grounds of the motion fora new trial good ? We agree with the Court below in thinking, that not one was.
That the first and second grounds, were not good, a bare reading of the evidence, ought to satisfy anybody.
As to the third ground, there is this to be said:
First, according to the great preponderance of the evidence, the sale made by the administrator, David Flanders, was not a sale to himself, but to a third person, Lightfoot.
*255Secondly, this sale took place some ten years before the commencement of the suit. One of the…
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