Dixon v. Rutherford
Supreme Court of Georgia
At the May Term, 1858, of the Superior Court of Muscogee county, Adolphus S. Rutherford as receiver of certain property belonging to the estate of Daniel McDougald, deceased, moved the Court on petition, for leave to sell some of the property of said estate, for the purpose of paying taxes on lands of said estate, in the States of Alabama, Mississippi and Arkansas.
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At the May Term, 1858, of the Superior Court of Muscogee county, Adolphus S. Rutherford as receiver of certain property belonging to the estate of Daniel McDougald, deceased, moved the Court on petition, for leave to sell some of the property of said estate, for the purpose of paying taxes on lands of said estate, in the States of Alabama, Mississippi and Arkansas. William Dougherty as the attorney of said' receiver, stating that said Receiver had no funds in hand; that taxes were due on said lands, in said States, and that a portion of said lands had been sold to pay the taxes ; and that the…
1Opinion of the Court
*150 By the Court.
Lumpkin, J.
delivering the opinion.
There are two objections to the order granted by the Court, in this case:
First: It is too vague and general. It specifies no particular property which is to be sold for the purpose of raising money to pay taxes. Under this indefinite authority, the receiver might sacrifice the most valuable real estate in the city of, Columbus, to raise funds to pay taxes upon other real estate in Arkansas and elsewhere. The money had best be obtained otherwise, if possible. And if property must be sold for this purpose, let it be designated in the order.
Our…
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