Worthy v. Johnson
Supreme Court of Georgia
In Equity, in Troup Superior Court. Decision on demurrer, by Judge Hill, May Term, 1851. The bill alleges, that complainants are the legatees of Thomas Worthy, who died testate, in the year 1837, appointing Benjamin P. Robinson and Jane Worthy, his executor and executrix, who were qualified as such, on the 3d day of July, 1837; that without having complied with the provisions of the Statute authorizing them to sell, the said executors proceeded on the 1st Tuesday in January,…
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In Equity, in Troup Superior Court. Decision on demurrer, by Judge Hill, May Term, 1851. The bill alleges, that complainants are the legatees of Thomas Worthy, who died testate, in the year 1837, appointing Benjamin P. Robinson and Jane Worthy, his executor and executrix, who were qualified as such, on the 3d day of July, 1837; that without having complied with the provisions of the Statute authorizing them to sell, the said executors proceeded on the 1st Tuesday in January, 1839, to sell the negroes belonging to the estate, when a portion of the negroes were purchased by the executors…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] In Pendergrast and others vs. Foley and another, (8 Geo. *361R. 1,) this Court held, that where the title to personal property-vests in an executor, administrator or other trustee for an infant, who neglects to sue within the time prescribed by law, that the Statute of Limitations shall bind the infant, and that the interest of the minor, under such circumstances, will not be protected by the Act of 1817..
Apply this principle to the case before the Court.
[2 ] The sale by the executor and executrix in January, 1839, being a nullity, and so…
2Cited by13 opinions
- Knorr v. RaymondSupreme Court of Georgia · 1885
- Dean v. Central Cotton Press Co.Supreme Court of Georgia · 1880
- Dowell v. United StatesCourt of Appeals for the Fifth Circuit · 1936
- DeLoach v. Emergency Medical GroupCourt of Appeals of Georgia · 1980
- Richards v. EdwardySupreme Court of Georgia · 1912
8 more not listed; retrieve them via the Exa API.