Wadley v. Oertel
Supreme Court of Georgia
Petition for injunction. Before Judge Hammond. Richmond superior court. April 5, 1913.' On August 21, 1906, Benjamin A. Chew and others brought an action to recover land against H. L. Chichester Jr., and “W. M. Wadley, executor of Wm. 0. Wadley, deceased,” in the superior court of Jenkins county.
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Petition for injunction. Before Judge Hammond. Richmond superior court. April 5, 1913.' On August 21, 1906, Benjamin A. Chew and others brought an action to recover land against H. L. Chichester Jr., and “W. M. Wadley, executor of Wm. 0. Wadley, deceased,” in the superior court of Jenkins county. It was alleged, that the defendants were in possession of certain described land, to which the plaintiffs claimed title; and that the defendants had received the profits there1 from, and refused to deliver the land or profits to the plaintiffs. An abstract of title under the process stated the case…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. The little word “as” is quite an important word in determining whether a suit is by or against an administrator or executor in his representative character or as an individual. But it is neither a sine qua non of pleading ip a case against an executor in that capacity, nor is it a ne plus ultra of legal construction. The general rule' is that an instrument signed by one as agent, trustee, guardian, administrator, executor, or the like, without more, is the individual undertaking of the maker, “such words being generally words of description.” Civil Code,…
2Cases cited12 opinions
- Dozier v. McWhorterSupreme Court of Georgia · 1903
- Keyes v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1886
- Lamar v. LamarSupreme Court of Georgia · 1903
- Jennings v. William W. Wright & Co.Supreme Court of Georgia · 1875
- Emmett & Co. v. DekleSupreme Court of Georgia · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Wallace v. WallaceSupreme Court of Georgia · 1914
- Stanfield v. Downing Co.Supreme Court of Georgia · 1938
- Humphrey v. SmithSupreme Court of Georgia · 1914
- Bishop v. PinsonCourt of Appeals of Georgia · 1924
- Humphrey v. JohnsonSupreme Court of Georgia · 1915
8 more not listed; retrieve them via the Exa API.