Weitman v. Thiot
Supreme Court of Georgia
Statute of limitations. Administrators and executors. Title. Deeds. Evidence. Uew trial. Before Judge Elbming. Effingham Superior Court.
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Statute of limitations. Administrators and executors. Title. Deeds. Evidence. Uew trial. Before Judge Elbming. Effingham Superior Court. April Term, 1879. Anna N. Thiot and her children filed their bill against Weitman, administrator, et al., alleging, in brief, as follows : Complainants are the widow and children of Charles H. Thiot, who resided in Effingham county, was a soldier in the army, and has not been heard of since the war ; last beard from with the army in North Carolina, in 1865, about the close of the war. Charles H. Thiot was a brother of Alex. W. Thiot, who died October 10,…
1Opinion of the Court
Jackson, Justice.
The court instructed the jury in this case that the sale by the administrator de bonis non was void, because he had obtained the letters and the order to sell fraudulently, in this, that the debt due to the church' was barred when the letters were granted in 1872' — barred by the act of 1839. The *16bond and mortgage were executed in 1854 and matured in 1855; the maker died in 1861 and letters were granted to* his father, who died in 1864; thence to 1872 there was uoadministration ; henee, in the judgment of the court below, the bond was barred by the limitation act of 1869.…
2Cases cited2 opinions
- Davis v. HowardSupreme Court of Georgia · 1876
- Wright v. ZitrouerSupreme Court of Georgia · 1875
3Cited by12 opinions
- Weaver v. CarterSupreme Court of Georgia · 1897
- Downing v. AndersonSupreme Court of Georgia · 1906
- Hall v. ArmorSupreme Court of Georgia · 1882
- Roberson v. Downing Co.Supreme Court of Georgia · 1904
- Johnson v. JohnsonSupreme Court of Georgia · 1887
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