Hodges v. Stuart Lumber Co.
Supreme Court of Georgia
Trespass. Before A. G-. Powell, judge pro hac vice. Decatur ,-superior court. May 3, 1906. Hodges, as administrator de bonis non, with the will annexed, of Alley Ilugueley, brought an action against the Stuart Lumber Company, alleging that a described lot of land was the property ■of the estate which he represented, and that the defendant entered upon the land and felled and carried away all of the timber thereon; ■such timber being of the value of $1,200. The petition…
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Trespass. Before A. G-. Powell, judge pro hac vice. Decatur ,-superior court. May 3, 1906. Hodges, as administrator de bonis non, with the will annexed, of Alley Ilugueley, brought an action against the Stuart Lumber Company, alleging that a described lot of land was the property ■of the estate which he represented, and that the defendant entered upon the land and felled and carried away all of the timber thereon; ■such timber being of the value of $1,200. The petition prayed for .a judgment for the amount above referred to, and for process. The defendant filed an answer denying all of the…
1Opinion of the CourtCobb, P. J.
(After stating the facts.) So far as the attack upon the judgment of the ordinary appointing the administrator is concerned, the case'is controlled by the ruling in Sharpe v. Hodges, 121 Ga. 798, which involved the very judgment now in question. The case turns upon the question whether the, administrator with the will annexed is vested with the right to recover the possession of the land. If not, he can not bring an action of trespass. The administrator with the will annexed has all the power of the executor, except such as arises from personal trust and confidence. Civil Code, §3309. When an…
2Cases cited8 opinions
- Watkins v. GilmoreSupreme Court of Georgia · 1904
- Coleman v. LaneSupreme Court of Georgia · 1858
- Bullock & Co. v. DunbarSupreme Court of Georgia · 1902
- Flemister v. FlemisterSupreme Court of Georgia · 1889
- Sharpe & Drake v. HodgesSupreme Court of Georgia · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cozart v. MobleyCourt of Appeals of Georgia · 1931
- Patterson v. CampbellSupreme Court of Georgia · 1911
- Coastal Public Service Co. v. MordecaiCourt of Appeals of Georgia · 1934
- Johnson v. ShookCourt of Appeals of Georgia · 1981
- Rowe v. Henderson Naval Stores Co.Supreme Court of Georgia · 1913
2 more not listed; retrieve them via the Exa API.