Moore v. Gill
Supreme Court of Georgia
Estoppel. Homestead. Before Judge Johnson. Marion Superior Court. April Term, 1871. This was a bill by Moore, guardian of Willie Baldwin, son of Charles J. Baldwin, deceased, contained the following averments: Charles J. died testate, in April, 1867, leaving real estate worth $2,440 00, and personalty worth $2,372 00. In May, 1867, Gill was appointed and qualified as his administrator, cum testamento annexo.
Read the full summary
Estoppel. Homestead. Before Judge Johnson. Marion Superior Court. April Term, 1871. This was a bill by Moore, guardian of Willie Baldwin, son of Charles J. Baldwin, deceased, contained the following averments: Charles J. died testate, in April, 1867, leaving real estate worth $2,440 00, and personalty worth $2,372 00. In May, 1867, Gill was appointed and qualified as his administrator, cum testamento annexo. Gill obtained an order from the Ordinary for the sale of said property, and did sell it all. Then Gill filed a creditor’s bill, to the September Term, 1869, of the Superior Court of said…
1Opinion of the Court
McCay, Judge.
The bill in this case shows no legal reason why the solemn judgment of the Court, in the creditor’s bill or bill for marshalling the assets of the estate, should be set aside. In such a bill, all the parties in interest are presumed to have been parties. This bill does not allege to the contrary, or that there was any fraud or other reason why the judgment, solemnly had upon, all the issues arising upon the distribution of the assets of the estate, should be opened. No rule is better settled, nor is there one more consonant with the *390public interest, than the settled doctrine that…
2Cited by20 opinions
- Donaldson v. Department of TransportationSupreme Court of Georgia · 1992
- Bussey v. BishopSupreme Court of Georgia · 1929
- Bank of Norman Park v. Colquitt CountySupreme Court of Georgia · 1929
- Walker County Fertilizer Co. v. NapierSupreme Court of Georgia · 1937
- Anthony v. PennSupreme Court of Georgia · 1956
15 more not listed; retrieve them via the Exa API.