Johnson v. Thomason
Supreme Court of Georgia
Levy and claim. Before Judge Holden. Morgan superior court. November 16, 1903. P. R. Thomason was the sole surety of John Frank Johnson on a guardian’s bond executed November 4, 1861. Johnson died a few years thereafter. In January, 1879, a homestead in certain land belonging to the estate of Johnson was duly set apart to his widow, Mildred Johnson, and her minor child. Thomason had advised her to take a homestead.
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Levy and claim. Before Judge Holden. Morgan superior court. November 16, 1903. P. R. Thomason was the sole surety of John Frank Johnson on a guardian’s bond executed November 4, 1861. Johnson died a few years thereafter. In January, 1879, a homestead in certain land belonging to the estate of Johnson was duly set apart to his widow, Mildred Johnson, and her minor child. Thomason had advised her to take a homestead. In a suit upon the guardian’s bond, at the March term, 1879, of 'the court, Johnson’s estate being then unrepresented, a judgment was rendered against Thomason, as surety upon the…
1Opinion of the CourtFish, P. J.
(After stating the facts.) As the guardian’s bond) for the breach of which judgment was rendered against P. R. Thomason as surety, was executed prior to 1868, the original homestead set apart to the widow and minor child of Johnson, the principal in such bond, would have been subject to the judgment *534which Thomason, after paying off the judgment against himself as Johnson’s surety, obtained against the administrator of Johnson for the amount so paid. Dunagan v. Webster, 93 Ga. 540. And the fact that Thomason advised the widow to have the homestead set apart would not have estopped him from…
2Cases cited5 opinions
- Broome v. DavisSupreme Court of Georgia · 1891
- Davis v. Collier & BeersSupreme Court of Georgia · 1853
- Johnson v. RedwineSupreme Court of Georgia · 1898
- VanDyke v. KilgoSupreme Court of Georgia · 1875
- Dunagan v. WebsterSupreme Court of Georgia · 1894
3Cited by2 opinions
- Continental Casualty Co. v. WhiteSupreme Court of Georgia · 1934
- Thornton v. HortonCourt of Appeals of Georgia · 1919