Sutton v. Ford
Supreme Court of Georgia
Equitable petition. Before Judge Cox. Worth superior court. October 16, 1914. P. Brooks Ford and others, alleging themselves to be heirs of 'W. J. Ford Sr., deceased, brought an equitable action against Rowena J. Ford, the widow of the decedent, and alleged to be his only other heir beside the plaintiffs, J. A. Hanes as administrator of the decedent, and R. L. Sutton.
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Equitable petition. Before Judge Cox. Worth superior court. October 16, 1914. P. Brooks Ford and others, alleging themselves to be heirs of 'W. J. Ford Sr., deceased, brought an equitable action against Rowena J. Ford, the widow of the decedent, and alleged to be his only other heir beside the plaintiffs, J. A. Hanes as administrator of the decedent, and R. L. Sutton. It was alleged, among other things, as follows: The widow took dower in the lands of the decedent, and also became the guardian of the plaintiffs. Hanes was the brother and agent of Mrs. Ford, and conducted her farming…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. The court charged the jury as follows: “All other property real and personal, belonging to. his [the deceased husband’s] estate, and which is subject to the payment of his debts, must first be fully exhausted before the administrator can lawfully 'obtain an order from the court of ordinary authorizing him to bring to sale the reversionary interest in dower lands for the purpose of paying off debts owing by the estate of the deceased husband.” By the Civil Code (1910), § 4094, it is declared: “No administrator or executor shall be authorized to sell the…
2Cases cited21 opinions
- Mashburn & Co. v. Dannenberg Co.Supreme Court of Georgia · 1903
- State Bank v. FrameSupreme Court of Missouri · 1892
- Butters v. HaughwoutIllinois Supreme Court · 1866
- Rowe v. SpencerSupreme Court of Georgia · 1909
- Brush Electric Light & Power Co. v. WellsSupreme Court of Georgia · 1898
16 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lowry v. LowrySupreme Court of Georgia · 1930
- Brown v. KendrickSupreme Court of Georgia · 1926
- Smith v. FolsomSupreme Court of Georgia · 1940
- Few v. PouCourt of Appeals of Georgia · 1924
- Security Development & Investment Co. v. WilliamsonCourt of Appeals of Georgia · 1965
16 more not listed; retrieve them via the Exa API.