Logan v. Gigley
Supreme Court of Georgia
Covenant on bond for titles to land, in Bibb Superior Court. Tried before Judge Stark, January Term, 1850. George G. Myers, as principal, and George M. Logan, as security, on the third day of January, 1848, executed to Aaron S. Gigley their bond, in the penalty of eight hundred and fifty dollars, conditioned to be void, when the said Myers, as administrator of the estate of Charles T. England, deceased, should make or cause to be made, as such administrator, good and…
Read the full summary
Covenant on bond for titles to land, in Bibb Superior Court. Tried before Judge Stark, January Term, 1850. George G. Myers, as principal, and George M. Logan, as security, on the third day of January, 1848, executed to Aaron S. Gigley their bond, in the penalty of eight hundred and fifty dollars, conditioned to be void, when the said Myers, as administrator of the estate of Charles T. England, deceased, should make or cause to be made, as such administrator, good and sufficient warrantee titles to lot No. 6, in square 36, according to the plan of the city of Macon, in the County of Bibb, unto…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] We fully subscribe to the doctrine, as ruled by the Supreme Court of New York, in The Overseers of Bridgewater vs. The Overseers of Brookfield, (3 Cow. 299,) and in Herreck vs. Grow & Brown, (5 Wend. 579,) namely: that a bond by an administrator, to convey real estate of his intestate, in contemplation of a sale under the Ordinary’s order, is utterly void and incapable of being enforced, either at Law or in Equity, and that it is against the policy of the law to permit the authority, conferred by the Ordinary, to be influenced or controlled…
2Cases cited2 opinions
- Herrick v. GrowNew York Supreme Court · 1830
- Overseers of the Poor of the Town of Bridgewater v. Overseers of the Poor of the Town of BrookfieldNew York Supreme Court · 1824
3Cited by3 opinions
- Adler v. AdlerSupreme Court of Georgia · 1961
- Campbell Coal Co. v. BakerSupreme Court of Georgia · 1914
- Blumenthal v. CainCourt of Appeals of Georgia · 1918