Howard v. Cassels
Supreme Court of Georgia
Equitable petition. Before Judge Candler. DeKalb superior court. August term, 1897. Helen S. Howard, Alexander R. Howard and Patrick Mell Howard, by their next friend, brought their petition against Pendleton, Cassels and Inman. A demurrer by Cassels was sustained, and petitioners excepted.
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Equitable petition. Before Judge Candler. DeKalb superior court. August term, 1897. Helen S. Howard, Alexander R. Howard and Patrick Mell Howard, by their next friend, brought their petition against Pendleton, Cassels and Inman. A demurrer by Cassels was sustained, and petitioners excepted. They alleged: They are minor children of Sarah M. Howard, who died leaving a will under which George W. Howard was appointed their testamentary guardian, with certain defined powers, and he took possession of the property devised to them and has since managed it. Said guardian purchased for them from…
1Opinion of the CourtLittle, J.
The plaintiffs seek to set aside a judgment in favor of Inman v. Geo. W. Howard, their testamentary guardian. They allege that they were not made parties to the action; that they had a good defense to it, which was, that the note sued on was given by Howard, their guardian, in his capacity as such, and did not bind the plaintiffs, nor should such judgment be a lien on their property, because the testamentary guardian did not have the power to encumber the estate of the minors in any manner; and referring to the judgment,, they pray that it be declared null and void as against them and their…
2Cases cited5 opinions
- McFarlin v. StinsonSupreme Court of Georgia · 1876
- Barclay v. HopkinsSupreme Court of Georgia · 1877
- Lovelace v. SmithSupreme Court of Georgia · 1869
- Perry v. MulliganSupreme Court of Georgia · 1877
- Hunter v. StembridgeSupreme Court of Georgia · 1855
3Cited by20 opinions
- Dolvin v. American Harrow Co.Supreme Court of Georgia · 1906
- Georgia Railroad Bank & Trust Co. v. Liberty National Bank & Trust Co.Supreme Court of Georgia · 1934
- Harris v. WoodardSupreme Court of Georgia · 1909
- Atlanta Buggy Co. v. Hess Spring & Axle Co.Supreme Court of Georgia · 1905
- Thomas v. HoltSupreme Court of Georgia · 1952
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