Turk v. Ross
Supreme Court of Georgia
Injunction. Judgments. Administrators and executors.' Debtor and creditor. Before Judge Bartlett. Jones Superior Court. April Term, 1877. Ross, as executor of James M. Gray, deceased, and others, filed their bill against Cordelia Turk, Virginia Pitts, and Ellen Singleton, as executrix of Leroy Singleton, deceased, making, in brief, the following allegations : They are creditors of Leroy Singleton, deceased, and have recovered judgments against his executrix since his death.
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Injunction. Judgments. Administrators and executors.' Debtor and creditor. Before Judge Bartlett. Jones Superior Court. April Term, 1877. Ross, as executor of James M. Gray, deceased, and others, filed their bill against Cordelia Turk, Virginia Pitts, and Ellen Singleton, as executrix of Leroy Singleton, deceased, making, in brief, the following allegations : They are creditors of Leroy Singleton, deceased, and have recovered judgments against his executrix since his death. Defendants, Cordelia Turk and Virginia Pitts, claim also to be creditors of said testator, and that the indebtedness to…
1Opinion of the Court
Bleckley, Judge.
The priority of debts is established by Code, §2533. This *380is not to be altered by subsequent judgments. 45 Ga., 205. Creditors can contest priority after judgment as well' as before. This being so, there is no reason for enjoining suits against the executor.
Cited by plaintiffs in error: 1 Chit. Pl. 1; Code, §3451; 55 Ga., 36; Colesby vs. Dart, 59 Ga.; 8 Ib., 236; 10 Ib., 266; 25 Ib., 152; Code, §2542; 41 Ga., 307; Hayden vs. Johnson, 59 Ib.; Acts of 1869, p. 134; 45 Ga., 478; 57 Ib., 459; Code, §§2922, 2926; 46 Ga., 361; 48 Ib., 150, 471; 57 Ib., 227; 41 Ib., 579; Brandon vs.…
2Cases cited6 opinions
- Anderson v. GreenSupreme Court of Georgia · 1872
- Hobbs v. CodySupreme Court of Georgia · 1872
- National Bank v. Southern Porcelain Manufacturing Co.Supreme Court of Georgia · 1875
- Green v. AllenSupreme Court of Georgia · 1872
- Powell v. Chamberlain, Miller & Co.Supreme Court of Georgia · 1857
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