Dooley v. Bell
Supreme Court of Georgia
Guardian’s sale. Title. Equity. Before Judge Marshall J. Clarke. Eulton superior court. March term, 1890. Thomas Gannon, the owner of certain realty, died intestate, and there was no administration on his estate. He left a widow and two children. Thrasher was appointed guardian of the three, but the appointment was made in vacation and without legal notice.
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Guardian’s sale. Title. Equity. Before Judge Marshall J. Clarke. Eulton superior court. March term, 1890. Thomas Gannon, the owner of certain realty, died intestate, and there was no administration on his estate. He left a widow and two children. Thrasher was appointed guardian of the three, but the appointment was made in vacation and without legal notice. The appointment was necessary, however, for the protection of the property and on account of the mental and physical condition of the widow, the helplessness and worthlessness of one of the children and the tender age of the other. As…
1Opinion of the Court
Lumpkin, Justice.
1. The proposition contained in the first head-note has been settled by this court in the case of Bell v. Love, 72 Ga. 125. The appointment of the guardian, and all his a'cts as such, were void for the reasons there stated.
*772. In the litigation between Dooley and Bell over the land involved in this case, a decree was finally made directing that the property be sold, and that out of the proceeds thereof the entire purchase money paid by Dooley, with interest thereon, be refunded to him. This, certainly, is all he had any right to expect. Indeed it is doubtful, to say the least,…
2Cases cited2 opinions
- Bell v. LoveSupreme Court of Georgia · 1884
- Milner v. VandivereSupreme Court of Georgia · 1891
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