Daniel v. Hollingshead
Supreme Court of Georgia
Ejeetment, in Macon Superior Court. Tried before Judge Powers, March Term, 1854. This was an action of ejectment (in Jones’ form) brought by the plaintiffs in error, for the recovery of lot of land, number 81, in the 8th district of originally Houston, now Macon County.
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Ejeetment, in Macon Superior Court. Tried before Judge Powers, March Term, 1854. This was an action of ejectment (in Jones’ form) brought by the plaintiffs in error, for the recovery of lot of land, number 81, in the 8th district of originally Houston, now Macon County. On the trial, plaintiffs read in evidence a plat and grant from the State to John W. Harper, for the lot of land, dated the 6th day of November, 1829. Plaintiffs then proved the death of John W. Harper, and that Mrs. Daniel, the plaintiff, was his sole surviving heir at law; and the possession of defendants, and closed. The -…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] When an executor or administrator finds it necessary to bring suit upon a debt, which, in the management of his testator’s or intestate’s estate he has suffered to be contracted with him, for and on account of said estate, he may, at his option, declare upon that debt, as one due to him in his representative character, or as due to him personally.
'[2.] If he mean to bring the suit in his representative, character, apt and fit words should be used, for the purpose of manifesting such intention. When, in such case, he declares on such a…
2Cases cited1 opinion
- Gilbert v. HardwickSupreme Court of Georgia · 1852
3Cited by13 opinions
- Dozier v. McWhorterSupreme Court of Georgia · 1903
- Capital Automobile Co. v. WardCourt of Appeals of Georgia · 1936
- Law v. LongIndiana Supreme Court · 1873
- Kennedy v. GeldersCourt of Appeals of Georgia · 1909
- Massey v. HubbardSupreme Court of Florida · 1882
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