Campbell Coal Co. v. Baker
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Eulton superior court. June 30, 1913.
1Opinion of the CourtFish, C. J.
1. In the absence of any authority for that purpose conferred by a will, the executor nominated therein and subsequently qualified has no authority to enter into a contract granting an option to a certain person to purchase at private sale land belonging to the estate for a specified price. In the present case the will was not introduced in evidence and the allegations of the equitable petition, in effect, concedo that the executrix had no such authority under the will.
2. By the Civil Code (1910), § 4035, it is declared that “A private sale of land, under an obligation to perfect by legal…
2Cases cited3 opinions
- Bond v. WatsonSupreme Court of Georgia · 1857
- Downing v. PeabodySupreme Court of Georgia · 1876
- Logan v. GigleySupreme Court of Georgia · 1850
3Cited by7 opinions
- Walker v. General InsuranceSupreme Court of Georgia · 1959
- Adler v. AdlerSupreme Court of Georgia · 1961
- Miller v. HinesSupreme Court of Georgia · 1916
- Union Camp Corp. v. YoumansSupreme Court of Georgia · 1971
- Blumenthal v. CainCourt of Appeals of Georgia · 1918
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