Copelan v. Kimbrough
Supreme Court of Georgia
Complaint for land. Before Judge Park. Hancock superior court. March 26, 1919. Samuel R. Walker as administrator de bonis non cum testamento annexo filed in the court of ordinary of Hancock County a petition for leaye to sell land, yiz.: "Georgia, Hancock County.
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Complaint for land. Before Judge Park. Hancock superior court. March 26, 1919. Samuel R. Walker as administrator de bonis non cum testamento annexo filed in the court of ordinary of Hancock County a petition for leaye to sell land, yiz.: "Georgia, Hancock County. To the Court of Ordinary of said county: The petition of Samuel R. Walker, administrator with the will annexed of Irby Hudson, showeth, the said Irby Hudson [died] leaving a tract of land in said county, on which he resided, and such is the situation of the land that no fair division can be made amongst the heirs at law, four in…
1Opinion of the CourtGilbert, J.
1. The controlling question is whether the order of the court of ordinary granting leave to sell the land is void. If it is void, it may be attacked collaterally. If valid on its face, it cannot be collaterally attacked. In the latter event many of the contentions raised and elaborately discussed are immaterial. They could only become pertinent in the event of a direct attack. The court of ordinary has general jurisdiction of estates, testate and intestate. “The order of the court of ordinary granting leave to an administrator to sell lands belonging to the estate he *686represents is his…
2Cases cited22 opinions
- Tucker v. HarrisSupreme Court of Georgia · 1853
- Worthy v. JohnsonSupreme Court of Georgia · 1850
- Stuckey v. WatkinsSupreme Court of Georgia · 1900
- Davie v. McDanielSupreme Court of Georgia · 1872
- Doe ex dem. Clements v. RoeSupreme Court of Georgia · 1848
17 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Scarborough v. LongSupreme Court of Georgia · 1938
- Thomas v. CouchSupreme Court of Georgia · 1930
- Isom v. NuttingSupreme Court of Georgia · 1922
- Sangster v. Toledo Manufacturing Co.Supreme Court of Georgia · 1942
- Powell v. HarrisonSupreme Court of Georgia · 1935
15 more not listed; retrieve them via the Exa API.