Lawrence v. Philpot
Supreme Court of Georgia
In Equity, from Floyd county. Decision on motion to dissolve the injunction, by Judge Hammond, at chambers, 23d November, 1858. This bill was filed by Allen Philpot, as the guardian of Sue Ledbetter, a minor child of John Ledbetter, deceased, against Bennett Lawrence, administrator, with the will annexed, of said deceased, to restrain and enjoin the sale of certain negroes belonging to the estate of said deceased, and for an account, &c.
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In Equity, from Floyd county. Decision on motion to dissolve the injunction, by Judge Hammond, at chambers, 23d November, 1858. This bill was filed by Allen Philpot, as the guardian of Sue Ledbetter, a minor child of John Ledbetter, deceased, against Bennett Lawrence, administrator, with the will annexed, of said deceased, to restrain and enjoin the sale of certain negroes belonging to the estate of said deceased, and for an account, &c. The bill states, that John Ledbetter, late of the county of Floyd, died in August, 1856, leaving a will, in and by which •he appointed Andrew M. Sloan his…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
Was the Court below right in refusing to dissolve the injunction?
' The motion to dissolve the injunction, was put on two grounds; one, that there was no equity in the bill; the other, that if there was any equity in the bill, it was sworn off, by the answer.
Was there any equity in the bill ? We think, that there . was.
The right of an administrator, with the will annexed, to sell slaves, must, in general, be derived either, from the will, or, from an order of the Court of Ordinary.
The bill, in the present case, shows that this right could have been…
2Cited by1 opinion
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