Hudson v. Hudson
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Littlejohn. Sumter superior court. March 13, 1903. L. N. Hudson died owning real estate in fee, an interest as tenant in common with his brothers, and sisters in other real estate, besides which he owned an interest in the mercantile business of Hudson & Brother, the defendant W. B. Hudson being the other partner.
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Exceptions to auditor’s report. Before Judge Littlejohn. Sumter superior court. March 13, 1903. L. N. Hudson died owning real estate in fee, an interest as tenant in common with his brothers, and sisters in other real estate, besides which he owned an interest in the mercantile business of Hudson & Brother, the defendant W. B. Hudson being the other partner. The petition alleges that L. N. Hudson owed no debts; that W. B. Hudson was in possession of the partnership assets, as well -as. of the individual real estate -of the deceased; that W. B. Hudson had endeavored to buy from the heirs their…
1Opinion of the CourtLamar, J.
(after stating the foregoing facts.) 1, 2. The demurrers went to the whole bill, and should have been overruled, because certainly in some respects it was sustainable. Lowe v. Burke, 79 Ga. 166. The plaintiffs were entitled to partition, and to a,n accounting for the rents. Even if the allegations that the defendant had bought their interest in the personal property of the deceased' did not authorize them to maintain a suit in their *640own name, there was no demurrer on the ground that it could only be maintained by an administrator, and it was not erroneous to refuse to dismiss the petition as…
2Cases cited5 opinions
- Commander-In-ChiefSupreme Court of the United States · 1864
- Lowe v. BurkeSupreme Court of Georgia · 1887
- McDougald v. DoughertySupreme Court of Georgia · 1852
- Warren v. LawsonSupreme Court of Alabama · 1897
- Roberts v. SummersSupreme Court of Georgia · 1872
3Cited by62 opinions
- Raleigh & Gaston Railroad v. Pullman Co.Supreme Court of Georgia · 1905
- Smith v. HancockSupreme Court of Georgia · 1926
- McElmurray v. BlodgettSupreme Court of Georgia · 1904
- Jordan v. HarberSupreme Court of Georgia · 1931
- Jones v. LawmanCourt of Appeals of Georgia · 1937
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