Loyless v. Rhodes
Supreme Court of Georgia
In Equity. Decision on demurrer, by Judge Starnes, Richmond Superior Court, February Term, 1851. Elliott B. Loyless and Nancy, his wife, formerly Nancy B. Rhodes, filed their bill against John A. Rhodes and Richard B. Day, as the executors of the last will of Absalom Rhodes, deceased ; alleging, that under the will of said deceased, complainant, Nancy Loyless, was a legatee; that the estate was worth $30,000, and complainant entitled to one-sixth part thereof; “ that after…
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In Equity. Decision on demurrer, by Judge Starnes, Richmond Superior Court, February Term, 1851. Elliott B. Loyless and Nancy, his wife, formerly Nancy B. Rhodes, filed their bill against John A. Rhodes and Richard B. Day, as the executors of the last will of Absalom Rhodes, deceased ; alleging, that under the will of said deceased, complainant, Nancy Loyless, was a legatee; that the estate was worth $30,000, and complainant entitled to one-sixth part thereof; “ that after allowing the usual time to elapse for a settlement and payment of all demands against deceased, they applied to the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Before proceeding to the decision of this case, I will take occasion to state, that according to the report of Mobley and others vs. Mobley, 9 Geo. Rep. 267, as it now stands, this Court is made to hold, that the order of a Court of Ordinary, dismissing the representative of an estate, is valid and sufficient, al*550though the facts do not appear of record, which are necessary-under the law, to give that tribunal jurisdiction.
The judgment of the Court of Ordinary of Appling County, was attacked on two grounds : 1st. Because Jesse Mobley, the…
2Cited by6 opinions
- Young v. YoungSupreme Court of Georgia · 1939
- Abercrombie v. HairSupreme Court of Georgia · 1938
- Rivers v. AlsupSupreme Court of Georgia · 1939
- White v. RoperSupreme Court of Georgia · 1932
- Fulmer v. WilkinsSupreme Court of Georgia · 1946
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