Jones v. McCleod
Supreme Court of Georgia
Executions. Administrators and executors. Debtor and creditor. Equity. Fraudulent conveyance. Parties. Before Judge Tompkins. Emanuel Superior Court. April Term, 1878. McCleod and others, who alleged themselves to be judgment creditors of the estate of Kirkland, deceased, died their bill against the Kirklands, as administrators, and Jones, making, in substance, this case : Kirkland died in the year 1868, seized and possessed of certain personalty and a tract of land.
Read the full summary
Executions. Administrators and executors. Debtor and creditor. Equity. Fraudulent conveyance. Parties. Before Judge Tompkins. Emanuel Superior Court. April Term, 1878. McCleod and others, who alleged themselves to be judgment creditors of the estate of Kirkland, deceased, died their bill against the Kirklands, as administrators, and Jones, making, in substance, this case : Kirkland died in the year 1868, seized and possessed of certain personalty and a tract of land. Before there was any administration upon his estate, one Malcom D. Jones took possession of all of said property under some…
1Opinion of the Court
Bleckley, Justice.
I. There is a special ground on which seven of the executions are impotent to travel through this litigation. They are against Kirkland’s administrators personally, and not against them in their representative capacity. They contain no direction for levying upon the property of the intestate.. They are final process against the property of the administrators. The presumption is, that the judgments *605on which they are founded, are also against the administrators, personally, and do not charge the estate which the administrators represent; for executions are presumed to conform…
2Cases cited1 opinion
- Lemon v. ThaxtonSupreme Court of Georgia · 1877
3Cited by11 opinions
- Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
- Mason v. Atlanta Fire Co. Number 1Supreme Court of Georgia · 1883
- Kitchell v. JacksonSupreme Court of Alabama · 1882
- Johnson v. JohnsonSupreme Court of Georgia · 1887
- Bishop v. PinsonCourt of Appeals of Georgia · 1924
6 more not listed; retrieve them via the Exa API.