Whiddon v. Williams & Co.

Lumpkin, Justice.

Mrs. Annie E. Whiddon, as administratrix, and T. J. Buchan, as administrator, of the estate of W. B. Whiddon, deceased, filed an equitable petition to marshal the assets of his estate. The case was tried by the presiding judge, upon all the issues involved, without the intervention of a jury. Among the creditors who were made parties defendant were J. P. Williams & Co.) who had previously ob*312tained a judgment against the plaintiffs in tbeir representative capacity in an action in response to wbicb there bad been no plea of a want of assets. Tbe evidence shows that, by tbe…