Castellaw v. Guilmartin
Supreme Court of Georgia
Executors and administrators. Judgments. Before Judge Tompicins. Chatham county. At Chambers. March 20th, 1875. Julia Guilmartin, John F. Guilmartin, ......
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Executors and administrators. Judgments. Before Judge Tompicins. Chatham county. At Chambers. March 20th, 1875. Julia Guilmartin, John F. Guilmartin, ...... Guilmartin and Julia Guilmartin, a minor, by her next friend, legatees under the will of John F. Guilmartin, deceased, filed their bill, wherein they'allege that on the 2d of April, 1874, Edwin A. Castellaw, as administrator on the estate of James W. Castellaw, commenced suit in the superior court of McIntosh county against Robert Lachlison, as executor of the said John F. Guilmartin, for the sum of $2,552 73, besides interest, alleged to…
1Opinion of the Court
McCay, Judge.
There is nothing set up to justify the interference of a court of equity with this judgment at law, but the fact that the debt upon which the judgment is founded was capable of having been defended at law by the plea of the statute of limitations. It is not even claimed that the debt is not in the main justly due. Why should these legatees claim to go behind the judgment? Perhaps the executor knew the debt was unpaid, and standing as he does in the shoes of the testator, he may have thought it not honest to plead the statute. The law authorizes him, if in his judgment he thinks…
2Cited by7 opinions
- Tinsley v. MaddoxSupreme Court of Georgia · 1933
- Stiles v. ElliottSupreme Court of Georgia · 1881
- Van Winkle v. BlackfordWest Virginia Supreme Court · 1904
- Castellaw v. GuilmartinSupreme Court of Georgia · 1877
- First Baptist Church v. SymsNew Jersey Court of Chancery · 1893
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