Mitchell v. Cox
Supreme Court of Georgia
In Equity, from Eloyd superior court. Tried before Judge Hammond, at February Term, 1859. This was a bill filed by John Cox against Daniel R. Mitchell, and its allegations, in substance, are : That one White E. Harden, formerly of Eloyd county, Georgia, w;as indebted to complainant by note and account some two or three hundred dollars, and being so indebted he removed to the State of Arkansas, where he died intestate, and probably insolvent, some time in the year 1857. That…
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In Equity, from Eloyd superior court. Tried before Judge Hammond, at February Term, 1859. This was a bill filed by John Cox against Daniel R. Mitchell, and its allegations, in substance, are : That one White E. Harden, formerly of Eloyd county, Georgia, w;as indebted to complainant by note and account some two or three hundred dollars, and being so indebted he removed to the State of Arkansas, where he died intestate, and probably insolvent, some time in the year 1857. That letters of administration on Harden’s estate have been taken out in Arkansas, and the administrator has refused to pay…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
Whether Mitchell holds the note of Buffington, belonging to the estate of White E. Harden, or the proceeds which stand in the place of it, makes no difference* In the settlement of the note he was justifiable in allowing as a set-off, or part payment, the counter claims held by Buffington against Harden. He could not have compelled payment of Buffington, except for the excess. But as to the surplus, if there be any, the courtesy between States does riot, we apprehend, extend so far as to require this fund to be transmitted to the State of…
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