Legal Opinion

Leroy M. Wiley, Parish & Co. v. Smith

Supreme Court of Georgia

Decided November 15, 1847No. 72PublishedCited by 17 opinions

In Equity. Bill and demurrer. From Washington Superior Court. Tried before Judge Holt. September Term, 1847. ■ The plaintiffs in error are judgment creditors of William and Benjamin Brantley. Their executions were levied upon property in possession of the Brantleys which had been devised to them by their father, Edward Brantley, in and by his last will.

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In Equity. Bill and demurrer. From Washington Superior Court. Tried before Judge Holt. September Term, 1847. ■ The plaintiffs in error are judgment creditors of William and Benjamin Brantley. Their executions were levied upon property in possession of the Brantleys which had been devised to them by their father, Edward Brantley, in and by his last will. The defendants in error, as trustees of said William and Benjamin and their children under the will, interposed a claim to the property, and which claim is pending on the appeal, in the Court below. The trustees filed their bill, enjoining the…

1Opinion of the Court

By the Court.

Nisbet, J.,

delivering the opinion.

Upon looking into this record, I find that certain judgment creditors had levied upon property in the possession of William and Benjamin H. Brantley, which was claimed by the complainants as trustees for them and their children. A trial of the claim was had and an appeal entered, pending which this bill was filed. The complainants allege, that the property levied on was left to them by the last will and testament of Edward Brantley, the father of William and Benjamin H. Brantley, in trust for said William and Benjamin, and their children ; that…

2Cases cited2 opinions

  1. Ide v. IdeMassachusetts Supreme Judicial Court · 1809
  2. Lillibridge v. AdieU.S. Circuit Court for the District of Rhode Island · 1817

3Cited by17 opinions

  1. Sumpter v. CarterSupreme Court of Georgia · 1902
  2. Fleming v. HughesSupreme Court of Georgia · 1896
  3. Crawford v. ClarkSupreme Court of Georgia · 1900
  4. Baird v. BrookinSupreme Court of Georgia · 1891
  5. Davis v. HollingsworthSupreme Court of Georgia · 1901

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