Elfe v. Cole
Supreme Court of Georgia
Equity, from Bibb county. Tried before Judge Lamar, May Term, 1858. Jane Cole, for herself, and as next friend of her three children, filed her bill for specific performance and injunction, alleging that her husband, Henry H. Cole, died possessed of a house and lot in the city of Macon ; and that Thomas B. Elfe took out letters of administration on his estate, and possessed himself of it.
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Equity, from Bibb county. Tried before Judge Lamar, May Term, 1858. Jane Cole, for herself, and as next friend of her three children, filed her bill for specific performance and injunction, alleging that her husband, Henry H. Cole, died possessed of a house and lot in the city of Macon ; and that Thomas B. Elfe took out letters of administration on his estate, and possessed himself of it. On application, commissioners were appointed by the Ordinary, to set apart to complainant and her children, a support for the year next succeeding her husband’s death. With notice to defendants, who were…
1Opinion of the Court
*200 By the Court.
Lumpkin J.
delivering the opinion.
When this case was up before, (23 Ga. Rep. 235,) we held, that the one year’s support allowed the family of testator or intestate, out of the estate of the deceased, was paramount to the mortgage lien of the loan association, or any other debt due, or obligation, which the decedent could contract. Such is the express language of the law. Cobb, 296, 298. And in this opinion all the Judges concurred. We do not see that the present case differs from that. It is true that it is alleged that it was cotemporaneously agreed between all the parties, that…
2Cases cited4 opinions
- Ragland v. Justices of the Inferior Court ex rel. JonesSupreme Court of Georgia · 1851
- Scott, Carhart, & Co. v. WarrenSupreme Court of Georgia · 1857
- Cole v. ElfeSupreme Court of Georgia · 1857
- Winter v. GarrardSupreme Court of Georgia · 1849
3Cited by3 opinions
- Mixon v. StanleySupreme Court of Georgia · 1897
- Thompson v. Central RailroadSupreme Court of Georgia · 1878
- Lockett v. HillU.S. Circuit Court for the Northern District of Georgia · 1874