Legal Opinion

Johnson v. Hall

Supreme Court of Georgia

Decided July 8, 1897PublishedCited by 14 opinions

Action on bond. Before Judge Sweat. Appling superior court. September term, 1896. Suit was brought by D. D. Hall, C. B. Hall, and Mrs. Hopps, as heirs at law of Mrs. Graham, upon the bond of R. E. Hall as her administrator. Upon an agreed statement of facts, the jury found for D. D. Hall $368.85 principal, $98.45 interest, for C. B. Hall $73.85 principal, $20.67 interest, and for Mrs. Hopps $68.75 principal, and $19.25 interest.

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Action on bond. Before Judge Sweat. Appling superior court. September term, 1896. Suit was brought by D. D. Hall, C. B. Hall, and Mrs. Hopps, as heirs at law of Mrs. Graham, upon the bond of R. E. Hall as her administrator. Upon an agreed statement of facts, the jury found for D. D. Hall $368.85 principal, $98.45 interest, for C. B. Hall $73.85 principal, $20.67 interest, and for Mrs. Hopps $68.75 principal, and $19.25 interest. Defendants moved for a new trial, on the general grounds, and because the court instructed the jury to find in favor of D. D. Hall the amounts before specified. The…

1Opinion of the CourtLittle, J.

The official report states the facts.

1. The record discloses the fact that there was no necessity of administering on the property known as the “home place” for the purpose of paying the debts of the estate or the cost of the administration. Those expenses were borne by the proceeds arising from the sale of the personal property belonging to the estate. This being true, title to this property at the death of the intestate vested in his heirs at law. Civil Code, § 3353. This title, however, was subject to the right and duty of the administrator to administer the property for the purpose of…

2Cases cited2 opinions

  1. Cronan v. CottingMassachusetts Supreme Judicial Court · 1868
  2. McCook v. PondSupreme Court of Georgia · 1883

3Cited by14 opinions

  1. Tucker v. BrownWashington Supreme Court · 1944
  2. Aetna Casualty & Surety Co. v. YoungSupreme Court of Oklahoma · 1924
  3. Copelan v. KimbroughSupreme Court of Georgia · 1920
  4. Bank of Newton County v. American Bonding Co.Supreme Court of Georgia · 1914
  5. Maryland Casualty Co. v. McAlpinCourt of Appeals of Georgia · 1923

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