Legal Opinion

Lowery v. Davidson

Supreme Court of Georgia

Decided July 15, 1871PublishedCited by 6 opinions

Administrators and Executors. Evidence. Pleading. Before Judges Andrews and Gibson. Richmond Superior Court. January Term, 1871. The executors of William Davidson averred that, on the 1st of February, 1863, he owned and possessed twenty-eight bales of cotton, that they were casually lost, that Lowery found them, and, on the 30th of September, 1866, converted them to his own use to their damage, etc.

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Administrators and Executors. Evidence. Pleading. Before Judges Andrews and Gibson. Richmond Superior Court. January Term, 1871. The executors of William Davidson averred that, on the 1st of February, 1863, he owned and possessed twenty-eight bales of cotton, that they were casually lost, that Lowery found them, and, on the 30th of September, 1866, converted them to his own use to their damage, etc. On the trial, to show their authority to sue as executors, they offered in evidence a copy of Davidson’s will and their letters of executorship, which were authenticated by a certificate…

1Opinion of the Court

Warner, Judge.

This was an action of trover brought by the plaintiffs against the defendant to recover the value of twenty-eight bales of cotton. The plaintiffs sued as the executor and ex-executrix of William Davidson, who died in the State of South Carolina. The plaintiffs had filed in the Clerk’s office of the Superior Court an exemplification from the record of the Court of Probate of South Carolina, showing the probate of the will of the testator, and the appointment of the plaintiffs as his executors in that State, and relied on the same as evidence of their right and title to maintain…

2Cited by6 opinions

  1. Mechanics' & Traders' Bank v. HarrisonSupreme Court of Georgia · 1882
  2. Mangham v. Hotel & Restaurant Supply Co.Court of Appeals of Georgia · 1963
  3. Hargrove v. BledsoeCourt of Appeals of Georgia · 1948
  4. Jenkins v. German Lutheran CongregationSupreme Court of Georgia · 1877
  5. Williamson v. MarchmanCourt of Appeals of Georgia · 1926

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