Dekle v. McLeod
Supreme Court of Georgia
Injunction. Before Judge Thomas. Thomas superior court. January 29, 1915. Willie L. McLeod, as temporary administrator of the estate of his.father, Dawson McLeod, deceased, filed his petition against Lebbeus Dekle and Hattie McLeod, to enjoin them from holding further certain real and personal property of which it was alleged that the defendants wrongfully had possession.
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Injunction. Before Judge Thomas. Thomas superior court. January 29, 1915. Willie L. McLeod, as temporary administrator of the estate of his.father, Dawson McLeod, deceased, filed his petition against Lebbeus Dekle and Hattie McLeod, to enjoin them from holding further certain real and personal property of which it was alleged that the defendants wrongfully had possession. The defendants answered, that the plaintiff had applied for permanent letters of administration; that Hattie McLeod, the wife of the deceased, entered a caveat and asked to be appointed administrator in his stead; that this…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. The appointment of a temporary administrator normally continues effective until permanent letters are granted. Civil Code (1910), § 3935. An appeal may be taken from the appointment of a permanent administrator. Civil Code (1910), § 4999. One was taken in this case, and it is treated as regularly done. Apparently this left the temporary administrator to act as such. Gresham v. Pyron, 17 Ga. 263. The general right to appoint a *291temporary administrator does not include the right to oust one and appoint another on ex parte order, on mere presentation of a…
2Cases cited3 opinions
- Mackenzie v. MinisSupreme Court of Georgia · 1909
- Gresham v. PyronSupreme Court of Georgia · 1855
- Anderson v. SeifertSupreme Court of Georgia · 1901
3Cited by10 opinions
- Burns v. HaleSupreme Court of Georgia · 1926
- Collins v. HenrySupreme Court of Georgia · 1923
- Beck v. KahSupreme Court of Georgia · 1926
- Bond v. HarrisonSupreme Court of Georgia · 1933
- Wheeler v. Layman FoundationSupreme Court of Georgia · 1939
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