Morrison v. Fidelity & Deposit Co. of Maryland
Supreme Court of Georgia
Intervention. ■ Before Judge Hammond. Richmond superior court. January 20, 1919.
1Opinion of the CourtAtkinson, J.
1. Where a person dies owing a debt, his creditors may in equity follow assets left by such person in the hands of a distributee; and where the assets received by the distributee are sufficient to pay the debt, the creditors may obtain a personal judgment-against the distributee for the amount of his debt. Caldwell v. Montgomery, 8 Ga. 106; Civil Code, § 3785.
2. In such case the creditor must sue upon his claim within the statutory term applicable to his case against the decedent. Caldwell v. Montgomery, supra.
3. Where the debt is for damages from a breach of a bond, the term of limitations…
2Cases cited8 opinions
- Bailey v. McAlpinSupreme Court of Georgia · 1905
- Harris v. BlackSupreme Court of Georgia · 1915
- McAfee v. NewberrySupreme Court of Georgia · 1915
- Morrison v. SlatonSupreme Court of Georgia · 1918
- Oliver Typewriter Co. v. FielderCourt of Appeals of Georgia · 1910
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3Cited by14 opinions
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- Arnold v. Board of County Com'rsSupreme Court of Oklahoma · 1926
- United Rentals Systems, Inc. v. Safeco InsuranceCourt of Appeals of Georgia · 1980
- Citizens & Southern Bank v. StateSupreme Court of Georgia · 1921
- United States Fidelity & Guaranty Co. v. FalkSupreme Court of Minnesota · 1943
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