Neal v. Patten
Supreme Court of Georgia
Executor’s Sales. Agency. Lien of Judgments. Before Judge Clark. Mitcbell Superior Court. November Term, 1869. - Neal, on behalf of himself and such creditors as might join him, filed a bill agaiust Jubal Cochran, as executor of Allen Cochran, their common debtor, and certain others, creditors, etc.,'to adjust the equities between the creditors, and for other purposes. Our concern, at present, is with those other purposes.
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Executor’s Sales. Agency. Lien of Judgments. Before Judge Clark. Mitcbell Superior Court. November Term, 1869. - Neal, on behalf of himself and such creditors as might join him, filed a bill agaiust Jubal Cochran, as executor of Allen Cochran, their common debtor, and certain others, creditors, etc.,'to adjust the equities between the creditors, and for other purposes. Our concern, at present, is with those other purposes. He averred as follows: He owned a judgment against Allen Cochran, principal, and one Burney, as security ? for $4,875 00, principal, $336 48, interest, up to the 24th of…
1Opinion of the CourtMcCay, J.
1. It is the positive provision of our statutory law that sales by administrators and executors shall be at public outcry, except sales of annual crops sent off to market, and of vacant lands, and in case of sale, by direction of a will, wheu the bill directs or, permits-a private sale : Code, sections 2514, 2526, 2412.
*370Some question lias been made whether in ease of a sale of mere personal estate, it is necessary to gét an order of the Ordinary to make the sale such as will pass the title out of the estate. It-is contended that the legal title is in the administrator, and that the provisions…
2Cited by12 opinions
- Napier v. StrongCourt of Appeals of Georgia · 1917
- Claflin & Co. v. Continental Jersey WorksSupreme Court of Georgia · 1890
- Fussell v. DennardSupreme Court of Georgia · 1903
- Warnock v. ElliottCourt of Appeals of Georgia · 1957
- Powell v. HarrisonSupreme Court of Georgia · 1935
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