Isom v. Nutting
Supreme Court of Georgia
Equitable petition. Before Judge Thomas. Colquitt superior court. July 20, 1921. Emma Isom, Pearl Kelly Culpepper, and Alma Kelly, an infant under twenty-one years of age, who sues by her next friend and guardian, J. L. Isom, brought their equitable petition against Julia A. Cook, James Humphreys, John A. Carlton, J. G. Pinch, and L. Y. Stallings, residents of Colquitt County, Georgia, Cleo P. Allen, W. P. Phelps, and J. B. Nutting, of Pulton County, the Avalon Company, a…
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Equitable petition. Before Judge Thomas. Colquitt superior court. July 20, 1921. Emma Isom, Pearl Kelly Culpepper, and Alma Kelly, an infant under twenty-one years of age, who sues by her next friend and guardian, J. L. Isom, brought their equitable petition against Julia A. Cook, James Humphreys, John A. Carlton, J. G. Pinch, and L. Y. Stallings, residents of Colquitt County, Georgia, Cleo P. Allen, W. P. Phelps, and J. B. Nutting, of Pulton County, the Avalon Company, a corporation with its main office and place of business in Pulton County, O. A. Bell, a resident of Bradentown, Florida, H.…
1Opinion of the Court
•Hill, J.
(After stating the foregoing facts.)
1. The sole question involved in the case is, are the purchasers from and under Julia A. Cook bona fide purchasers without notice that Julia Cook or her attorney purchased the lands described in the petition at the sale which she was conducting as administratrix ? - The case is argued by the attorneys for plaintiff in error upon this theory alone.
It is well-settled law in this State that an administrator can not . purchase at his own sale, either directly or indirectly, and that such sale is voidable at the instance of heirs at law of the…
2Cases cited15 opinions
- Anderson v. GoodwinSupreme Court of Georgia · 1906
- Williams v. SmithSupreme Court of Georgia · 1907
- Moore v. CareySupreme Court of Georgia · 1902
- Marshall v. PierceSupreme Court of Georgia · 1911
- Doe ex dem. Clements v. RoeSupreme Court of Georgia · 1848
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sowell v. SowellSupreme Court of Georgia · 1956
- Lewis v. PattersonSupreme Court of Georgia · 1940
- Thomas v. CouchSupreme Court of Georgia · 1930
- Parnell v. WootenSupreme Court of Georgia · 1947
- Sangster v. Toledo Manufacturing Co.Supreme Court of Georgia · 1942
8 more not listed; retrieve them via the Exa API.