Juhan v. Juhan
Supreme Court of Georgia
Affidavit of illegality. Before Judge Hart. Jones superior court. April term, 1897. An execution in favor of W. A. Juhan, surviving partner, against S. D. Juhan, was levied on land, and defendant filed an affidavit of illegality, because, “Wm.
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Affidavit of illegality. Before Judge Hart. Jones superior court. April term, 1897. An execution in favor of W. A. Juhan, surviving partner, against S. D. Juhan, was levied on land, and defendant filed an affidavit of illegality, because, “Wm. A. Juhan, surviving partner of Juhan & Clower, and in whose name as such survivor said fi. fa. is proceeding, is dead, and that said estate of said Juhan deceased is without representation, and there is no legal representative as administrator, executor or otherwise of the said Wm. A. Juhan as such survivor or of the. estate of P. L. Clower deceased,…
1Opinion of the CourtLewis, J.
Upon the death of the owner of realty the title vests immediately in the heirs, but the title to all other property of the estate vests in the administrator for the purpose of distribution among the heirs and creditors. Civil Code, § 3353. It follows from this, that before heirs of an intestate can ordinarily acquire title to any personalty of the estate, they must obtain such title through the medium of the legal representative of the estate. The right, therefore, to collect a chose in action belonging to the estate is vested by law in the administrator. Where such chose in action has not…
2Cases cited1 opinion
- Murphy v. PoundSupreme Court of Georgia · 1852
3Cited by8 opinions
- Pair v. PairSupreme Court of Georgia · 1918
- Kytle v. KytleSupreme Court of Georgia · 1907
- Brown v. Mutual Life InsuranceSupreme Court of Georgia · 1916
- Smith v. TurnerSupreme Court of Georgia · 1900
- Hill v. MaffettCourt of Appeals of Georgia · 1907
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