Whitley Grocery Co. v. Jones
Supreme Court of Georgia
Appeal. Before Judge Littlejohn. Sumter superior court. May 29, 1906. Josephine Jones and her children filed a petition in the court of ordinary of Sumter County, to set aside an order granting leave to C. B. Whitley, administrator of Henry Jones deceased, to sell certain land, alleging as follows: Henry Jones, the husband of Josephine Jones, died in Sumter County on November 21, 1897, leaving certain described real estate.
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Appeal. Before Judge Littlejohn. Sumter superior court. May 29, 1906. Josephine Jones and her children filed a petition in the court of ordinary of Sumter County, to set aside an order granting leave to C. B. Whitley, administrator of Henry Jones deceased, to sell certain land, alleging as follows: Henry Jones, the husband of Josephine Jones, died in Sumter County on November 21, 1897, leaving certain described real estate. C. B. Whitley was appointed administrator on his estate, and applied for leave to sell the land. At the February term, 1898, of the court of ordinary an order was passed…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) This is not a proceeding in equity, but a proceeding to set aside an order authorizing the sale of real estate by an administrator, in the court of ordinary where such order was granted. The question involved is not, therefore, to be tested by the power of a court of equity, but by the power of a court of ordinary. The demurrers contained several grounds, but it is only necessary to deal with one of them which controls *793the ease. Each of the defendants demurred to the proceeding, on the ground that neither C. E. Whitley as administrator of the estate of Henry Jones,…
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