Fulcher v. Mandell
Supreme Court of Georgia
Judgments. Dormancy. Witness. Administrators and executors. Parties. Estoppel. Inventory. Before Judge Roney. Richmond superior court. April term, 1889. On December 21, 1869, James H. Royall and ¥m. S. C. Morris, as executors of John 0. Poytbress, deceased, sued Armstead Fulcher, and on April 30, 1873, recovered against him a judgment for $500. Execution issued May 1, 1873, and on July 3, 1873, was levied on 800 acres of land, more or less.
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Judgments. Dormancy. Witness. Administrators and executors. Parties. Estoppel. Inventory. Before Judge Roney. Richmond superior court. April term, 1889. On December 21, 1869, James H. Royall and ¥m. S. C. Morris, as executors of John 0. Poytbress, deceased, sued Armstead Fulcher, and on April 30, 1873, recovered against him a judgment for $500. Execution issued May 1, 1873, and on July 3, 1873, was levied on 800 acres of land, more or less. To 725 acres of this tract a claim was interposed by Mary Ann Fulcher, wife of defendant va.fi. fa,., in behalf of herself and certain remaindermen under…
1Opinion of the Court
Simmons, Justice.
1. The court did right in granting a new trial in this case. He held on the trial of the case that the judgment was dormant as to all the propei'ty of the defendant except that involved in the claim case. His idea seemed to be that the statute ran against the judgment during the pendency of the litigation in the claim case. Npon the motion for a new trial, he reversed this ruling and decided that the judgment was not dormant. In this we think he was clearly right. The prosecution of this claim in the courts for over six years was such a public act on the part of the plaintiff…
2Cases cited4 opinions
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- In re the Estate of BeltWashington Supreme Court · 1902
- Harris v. EricksonNorth Dakota Supreme Court · 1949
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