Hurst v. Whitly
Supreme Court of Georgia
Partition. Rule against commissi oners. Before -Judge-Wright. Heard Superior Court. March Term, 1872, On December 5th, 1870, a petition was presented to the Honorable John S. Bigby, then Judge of the Superior Courts of the Tallapoosa Circuit, at Chambers, containing substantially the following allegations: That at the September term, 1870, of the Superior Court of.
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Partition. Rule against commissi oners. Before -Judge-Wright. Heard Superior Court. March Term, 1872, On December 5th, 1870, a petition was presented to the Honorable John S. Bigby, then Judge of the Superior Courts of the Tallapoosa Circuit, at Chambers, containing substantially the following allegations: That at the September term, 1870, of the Superior Court of. Heard county, an order was granted at the instance of James T. Whitly et al., tenants in common, in the land known as the “Garrett place,” appointing John L. Hurst et al., commissioners to sell the land, after due advertisement, at…
1Opinion of the Court
Montgomery, Judge.
1. It certainly would “shock the moral sense” to allow the parties moving the rule in this ease, against the partitioners, now to come into Court and hold the partitioners liable for an amount which they have, in good faith, paid over to the attorneys of the movants, at the instance of the latter so formally indicated as by a petition to the Judge at Chambers to. compel the payment. If there ever was a ease of estoppel this is one. To deny the authority of the Judge to pass the order for payment with which the partitioners complied, is, on the part of the movants, to deny…
2Cases cited1 opinion
- Davis v. IrwinSupreme Court of Georgia · 1850
3Cited by7 opinions
- Grace v. StateMississippi Supreme Court · 1914
- Poss v. NorrisSupreme Court of Georgia · 1944
- Deveney, Hood & Co. v. BurtonSupreme Court of Georgia · 1900
- Shuman v. ShumanWest Virginia Supreme Court · 1917
- Marks v. DurrettCourt of Appeals of Georgia · 1972
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