Coleman & Quillian v. Franklin
Supreme Court of Georgia
In Equity. Petition for re-hearing, in Fannin Superior Court. Decision on demurrer, by Judge Rice, at May Term, 1858. The petition states, that Coleman & Quillian, and others, were made defendants toa bill filed by theadministrators of James A. Beard, deceased, for the purpose of marshaling the assets of said estate, the same being represented as insolvent; that said bill further set out the fact, that shortly before the death of the said James A. Beard, he conveyed, without…
Read the full summary
In Equity. Petition for re-hearing, in Fannin Superior Court. Decision on demurrer, by Judge Rice, at May Term, 1858. The petition states, that Coleman & Quillian, and others, were made defendants toa bill filed by theadministrators of James A. Beard, deceased, for the purpose of marshaling the assets of said estate, the same being represented as insolvent; that said bill further set out the fact, that shortly before the death of the said James A. Beard, he conveyed, without consideration, to his minor son, James H. Beard, a tract of land containing fifty-five acre§, being part of lot No.…
1Opinion of the Court
*370 By the Court.
McDonald J.
delivering the opinion.
This was a petition, in the Court below, for the re-hearing of a Chancery cause, in which a decree had been rendered. It was á bill to marshal assets. The defendants’ petition was demurred to on the three grounds stated above, and the presiding Judge, on. hearing argument, refused the petition and dismissed it.
[1.] There is no evidence in the record showing that the decree pronounced in the cause had been enrolled; and if it has not been, there may be a re-hearing by petidon.
¿r [2.] The complainants set out in their bill the conveyance, by their…
2Cited by1 opinion
- Kirkland v. FerrisSupreme Court of Georgia · 1916