Cook v. Cochran

1. Upon the death of a partner, title to personal property of the partnership vests in the surviving partner or partners, with the right to dispose thereof for paying the debts and making distribution. Civil Code (1910), § 3177; Huggins v. Huggins, 117 Ga. 151 (4), 158 (43 S. E. 759). Accordingly, the petition in the instant ease having alleged that the death of the partner occurred after the execution of the note sued on, the title to the note appeared prima facie to have vested in the surviving partner.

2. Where title to property, even a promissory note, is shown to have been at one time in…