Edwards v. Ross
Supreme Court of Georgia
Statute of Limitations. Administrators and Executors. Renewal. Before Judge Hill. Bibb Superior Court. April Term, 1876. Elizabeth G-. Edwards, as administratrix upon the estate of James C. Edwards, deceased, brought assumpsit against Albert B. Ross, as administrator upon the estate of Thomas Taylor, deceased, for $11,328.25, with interest from January 1st, 1863. Her declaration made, in brief, the following case: Edwards was a general land agent residing in Macon, and…
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Statute of Limitations. Administrators and Executors. Renewal. Before Judge Hill. Bibb Superior Court. April Term, 1876. Elizabeth G-. Edwards, as administratrix upon the estate of James C. Edwards, deceased, brought assumpsit against Albert B. Ross, as administrator upon the estate of Thomas Taylor, deceased, for $11,328.25, with interest from January 1st, 1863. Her declaration made, in brief, the following case: Edwards was a general land agent residing in Macon, and having his business office there. In May, 1857, he entered into a written contract with Taylor, then temporarily in Macon,…
1Opinion of the Court
Bleckley, Judge.
1. In the limitation laws of Georgia, there is no saving in favor of a creditor because of the absence or non-residence of his debtor, if the debtor never resided here—15 Ga., 1; 32 Ib., 253; 54 Ib., 126.
2. The fact that at the passage of the act of March 16th, 1869, the debtor was both a non-resident and lunatic (having over him a committee who was also a non-resident,) and so continued until his death in April, 1811, did not obviate the bar of the statute to an action brought, October 6th, 1814, against his administrator, upon a contract made in 1851 which became due in…
2Cases cited2 opinions
- Wynn v. BookerSupreme Court of Georgia · 1857
- Ross v. EdwardsSupreme Court of Georgia · 1874
3Cited by16 opinions
- National Park Bank v. Concordia Land & Timber Co.Supreme Court of Louisiana · 1925
- McClendon & Co. v. Hernando Phosphate Co.Supreme Court of Georgia · 1897
- Mills v. ScottSupreme Court of the United States · 1879
- McDowell v. McDowellSupreme Court of Georgia · 1942
- Robinson v. BoydSupreme Court of Georgia · 2010
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