Butler v. James
Supreme Court of Georgia
Motion to enforce a decree in Chancery. From McIntosh Superior Court. Decided by Judge Fleming. At Chambers,in December, 1860. The record, in this case, exhibits the following facts and questions, to wit: John Butler died, leaving in full force a will, in which, amongst other things, it is provided and directed that his estate, real and personal, shall vest in Pierce Butler and Thomas C. James, as trustees, the entire income of which the trustees were to pay to the wife of…
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Motion to enforce a decree in Chancery. From McIntosh Superior Court. Decided by Judge Fleming. At Chambers,in December, 1860. The record, in this case, exhibits the following facts and questions, to wit: John Butler died, leaving in full force a will, in which, amongst other things, it is provided and directed that his estate, real and personal, shall vest in Pierce Butler and Thomas C. James, as trustees, the entire income of which the trustees were to pay to the wife of testator, so long as she and his daughter, Elizabeth Butler, should remain unmarried, after his death, for the-…
1Opinion of the Court
By the Court —
Lumpkin, J., delivering the opinion.
Is the decree rendered in this case, at the April Term, 1850, of McIntosh Superior Court, dormant?
It is admitted that, except for the provisions of the Acts of 1822 and 1823, there was no limitation to the operation of judgments and decrees in Georgia. They are good forever, without renewal. Does this decree, which is not for the payment of a sum of money, but for the performance of a duty, namely, the delivery over of property, fall within either the letter or spirit of the Acts of 1822 and 1823?
What was the mischief that those statutes were…
2Cited by4 opinions
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