Legal Opinion

Drummond v. Hardaway

Supreme Court of Georgia

Decided January 15, 1857No. 92PublishedCited by 5 opinions

In Equity, in Muscogee Superior Court. Decision upon demurrer, by Judge Worrill, May Term, 1856. The bill in this case was filed by Allen B. Drummond and others, heirs at law of Robert Drummond an idiot, late of the county of Russell and State of Alabama, deceased, against Robert S. Hardaway of the county of Muscogee and State of Georgia.

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In Equity, in Muscogee Superior Court. Decision upon demurrer, by Judge Worrill, May Term, 1856. The bill in this case was filed by Allen B. Drummond and others, heirs at law of Robert Drummond an idiot, late of the county of Russell and State of Alabama, deceased, against Robert S. Hardaway of the county of Muscogee and State of Georgia. The bill' alleges that in the year 1816, John Drummond of Brunswick county, Virginia, the father of said idiot, died intestate, leaving a large estate, to a share or portion of which said idiot was entitled. That one George Hardaway, the brother of…

1Opinion of the Court

By the Court.

Benning J.

delivering the opinion.

All who are heirs of the deceased Robert Drummond, are parties to the bill, and parties plaintiffs. It may be inferred therefore, that none of the heirs of the said Robert, wishes for an administration to be had on the said Robert’s estate, or is opposed to the heirs winding up the estate for themselves.

There were no creditors of the deceased at the time of his *437death, and consequently, there can be no person who, as creditor, might be Opposed to the heirs doing this.

Robert S. Hardaway, the defendant in the bill, was indebted to the deceased at the…

2Cited by5 opinions

  1. Morgan v. WoodsSupreme Court of Georgia · 1882
  2. Grace v. MeansSupreme Court of Georgia · 1907
  3. Moughon v. MastersonSupreme Court of Georgia · 1913
  4. Hardaway v. DrummondSupreme Court of Georgia · 1859
  5. JENNIFER WALKER v. GEORGIA DEPARTMENT OF HUMAN SERVICESCourt of Appeals of Georgia · 2025

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