Ragan v. Smith
Supreme Court of Georgia
Injunction. Before Judge Hawkins. Laurens superior court. June 16, 1913. J. D. Smith died testate, his will was duly probated, and letters of administration were duly issued to T. H. Smith, the nominated executor, in DeKalb County. T. H. Smith, as executor, filed an equitable petition in the superior court of Fulton County, praying certain relief against T. B. Eagan and T. E. Lovejoy, receivers of the Hawkinsville Cotton Mills, and J. C. Cooper.
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Injunction. Before Judge Hawkins. Laurens superior court. June 16, 1913. J. D. Smith died testate, his will was duly probated, and letters of administration were duly issued to T. H. Smith, the nominated executor, in DeKalb County. T. H. Smith, as executor, filed an equitable petition in the superior court of Fulton County, praying certain relief against T. B. Eagan and T. E. Lovejoy, receivers of the Hawkinsville Cotton Mills, and J. C. Cooper. Ragan and Lovejoy, receivers, filed a cross-bill praying for a judgment against T. H. Smith, as administrator, for a large amount of money alleged to…
1Opinion of the CourtAtkinson, J.
(After- stating the foregoing facts.) It was long ago held by this court, that, for the purpose of marshaling the assets of an insolvent estate, the executor or administrator may file a bill for the purpose of reducing the property to money and ascertaining the order in which the debts are to be paid. Macon &c. R. Co. v. Parker, 9 Ga. 377. A few years later it was held in such a case that equity may interpose, on the application of an administrator, and enjoin suits of creditors. Beers v. Strohecker, 21 Ga. 442. See also Johnson v. Flanders, 65 Ga. 691; Jeter v. Barnard, 42 Ga. 43; Stephens…
2Cases cited5 opinions
- Macon & Western R. R. v. ParkerSupreme Court of Georgia · 1851
- Stephens v. JamesSupreme Court of Georgia · 1887
- Jeter v. E. Barnard & Co.Supreme Court of Georgia · 1871
- Johnson v. FlandersSupreme Court of Georgia · 1880
- Beers & Bogart v. StroheckerSupreme Court of Georgia · 1857
3Cited by1 opinion
- Hudson v. TateSupreme Court of Georgia · 1939