Collins v. Boring
Supreme Court of Georgia
Ejectment. Before Judge Lumpkin. Eulton superior •court. September term, 1894. Collins sued Mrs. Boring for a tract of land in lot 222 ■of the 17th district of originally Henry, now Eulton county, commencing on the east side of the Marietta road at a point where it crosses the south line of said land lot, running thence east 1,600 feet to a white oak stump, thence north 681 feet more or less, thence west 1,600 feet more or less, theuee along said road to the beginning point,…
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Ejectment. Before Judge Lumpkin. Eulton superior •court. September term, 1894. Collins sued Mrs. Boring for a tract of land in lot 222 ■of the 17th district of originally Henry, now Eulton county, commencing on the east side of the Marietta road at a point where it crosses the south line of said land lot, running thence east 1,600 feet to a white oak stump, thence north 681 feet more or less, thence west 1,600 feet more or less, theuee along said road to the beginning point, containing twenty-five acres more or less. The defendant disclaimed title to the northern portion of the land sued for,…
1Opinion of the Court
Atkinson, Justice.
1. Ordinarily executions against a trust estate for taxes should be issued against a trustee in his representative capacity, and not in his capacity as an individual; and usually the mere addition “trustee” is descriptio personas only, and does not give to the person so described his representative character. But the property of trust estates, like all other property, is liable for taxes legally imposed upon it; and where the trustee, owning in her own right no separate property, remained in possession of the trust estate, and while she was thus in possession an execution…
2Cited by10 opinions
- McConnell Bros. v. SlappeySupreme Court of Georgia · 1910
- Gilmer v. HarrisonSupreme Court of Georgia · 1917
- Teppenpaw v. BlalockCourt of Appeals of Georgia · 1970
- Vickers v. HawkinsSupreme Court of Georgia · 1900
- Hawkins v. JohnsonSupreme Court of Georgia · 1908
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