Wiley v. Truett
Supreme Court of Georgia
Assumpsit, in Harris Superior Court. Tried before Judge Iverson. September Term, 1852. William Wiley commenced suit against Samuel Truett, as executor de son tort, of Catherine Harrington, for the distributive share of the plaintiff, of $287, in the hands of defendant. The facts were, that Mrs. Catherine Harrington died in 1848, intestate.
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Assumpsit, in Harris Superior Court. Tried before Judge Iverson. September Term, 1852. William Wiley commenced suit against Samuel Truett, as executor de son tort, of Catherine Harrington, for the distributive share of the plaintiff, of $287, in the hands of defendant. The facts were, that Mrs. Catherine Harrington died in 1848, intestate. At the time of her death, the defendant, a neighbor, and others, being preseht,in examining the intestate’s effects,” found a roll of money in a trunk, amounting to $287. By agreement of those present, it was taken home by defendant, to be kept for the…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
The defendant received the money by the consent of such of the heirs as were present, to keep for the benefit of all the heirs, some of whom were absent — amongst whom was the plaintiff.
[1.] Some short time after receiving the money, the defendant paid it over to some of the heirs,who were present when he received it; but it does not appear that he paid it over by the consent of all the heirs, one of whom was the plaintiff, who was absent. Did the payment of the money over, under the circumstances, to some of the heirs, by the defendant, when he…
2Cited by4 opinions
- O'Neal v. O'NealSupreme Court of Georgia · 1933
- Willingham v. RushingSupreme Court of Georgia · 1898
- Bryant v. HeltonSupreme Court of Georgia · 1881
- Tri-City Federal Savings & Loan Ass'n v. EvansCourt of Appeals of Georgia · 1974