Southern Star Copper Lightning Rod Co. v. Cleghorn
Supreme Court of Georgia
Administrators and executors. Attorneys at law. Trusts. Before Judge Underwood. Chattooga Superior Court. March Term, 1877. Plaintiff brought complaint against Cleghorn, as administrator of Dunlap Scott, deceased, for $135.50, principal, with interest, alleged to have been collected by the intestate as an attorney at law for plaintiff.
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Administrators and executors. Attorneys at law. Trusts. Before Judge Underwood. Chattooga Superior Court. March Term, 1877. Plaintiff brought complaint against Cleghorn, as administrator of Dunlap Scott, deceased, for $135.50, principal, with interest, alleged to have been collected by the intestate as an attorney at law for plaintiff. The facts were not disputed, and the sole question made by the pleadings, was whether such claim ranked as a trust debt, in the distribution of the estate, under par. i, §2533 of Code, thus taking precedence of mortgages and judgments. The court held to the…
1Opinion of the Court
Bleckley, Judge.
The question is, whether an attorney at law who has collected money for a client, professionally, and retains it, is a trustee having actual possession, control and management of the trust property ? It would be an undue strain upon sections 2338 and 2533, par. 4, of the Code, to hold that he is. The safer and better construction is, that these sections contemplate trustees proper — those in whom title is vested in trust for other persons, and whose duty it is to make returns to the ordinary under section 2324. See acts of 1853-4, pp. 70, 71. An attorney’s possession of the…
2Cases cited6 opinions
- Flanagan v. PearsonTexas Supreme Court · 1874
- Keaton v. GreenwoodSupreme Court of Georgia · 1850
- Caruthers v. CorbinSupreme Court of Georgia · 1868
- A. J. Williams & Co. v. TerrellSupreme Court of Georgia · 1875
- Smith v. EllingtonSupreme Court of Georgia · 1853
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3Cited by8 opinions
- Reynolds v. DorseySupreme Court of Georgia · 1939
- Mobley v. FairclothSupreme Court of Georgia · 1932
- Knowles v. Rome Tribune Co.Supreme Court of Georgia · 1906
- Tiedeman & Brother v. Imperial Fertilizer Co.Supreme Court of Georgia · 1900
- McCutchen v. OsborneSupreme Court of Colorado · 1916
3 more not listed; retrieve them via the Exa API.