Alexander v. Mercer
Supreme Court of Georgia
In Equity, in Taliaferro Superior Court. Decision on demurrer, by Judge Sayre, October, 1849. Cullin C. Alexander, administrator, de bonis non, with the will annexed, of Chivers A. Nelms, deceased, filed his bill in Equity, against Joel E. Mercer, a former administrator with the will annexed, and his sureties, on two several bonds, alleging that, on the appointment of Mercer, he gave bond, with William Peak and others as sureties, and took possession of the estate of Nelms,…
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In Equity, in Taliaferro Superior Court. Decision on demurrer, by Judge Sayre, October, 1849. Cullin C. Alexander, administrator, de bonis non, with the will annexed, of Chivers A. Nelms, deceased, filed his bill in Equity, against Joel E. Mercer, a former administrator with the will annexed, and his sureties, on two several bonds, alleging that, on the appointment of Mercer, he gave bond, with William Peak and others as sureties, and took possession of the estate of Nelms, to a large amount; that Mercer proceeded to sell the property and collect the notes, and appropriated the money to his…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
Chivers A. Nelms, of Taliaferro County, departed this life, testate, in 1837, leaving Swepson Jeffries his executor, who qualified, and died shortly thereafter. Joel E. Mercer, in January, 1838, was appointed administrator, de bonis non cum testamento annexo, upon the estate of Nelms, and executed the usual bond for the faithful performance of his duty, with William Peak and others as his securities. In May, 1841, upon the complaint of Peak to the Court of Ordinary, Peak was discharged, and Mercer gave a new bond — several others joining him.…
2Cases cited2 opinions
- Bailey v. IngleeNew York Court of Chancery · 1830
- Cuddeback v. KentNew York Court of Chancery · 1835
3Cited by8 opinions
- Bailey v. McAlpinSupreme Court of Georgia · 1905
- Town of Manchester v. Town of TownshendSupreme Court of Vermont · 1937
- Demarest v. HoldemanIndiana Supreme Court · 1901
- Farmer v. RogersSupreme Court of Georgia · 1891
- Oconto County v. CareyWisconsin Supreme Court · 1924
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