Crews v. Heard
Supreme Court of Georgia
Assumpsit, &e. in Harris Superior Court. Tried before Judge Alexander, March Term, 1849. .Stephen D. Heard, as administrator of John Nix, deceased, brought an action against Reuben J. Crews, as executor of Charles Philips, deceased, alleging, that Charles Philips, as the agent of John Nix, then in life, on the 1st of January, 1837, sold to James Harlow and William R. Parker, a tract of land, the property of Nix, and received, as agent, five hundred dollars, in part payment…
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Assumpsit, &e. in Harris Superior Court. Tried before Judge Alexander, March Term, 1849. .Stephen D. Heard, as administrator of John Nix, deceased, brought an action against Reuben J. Crews, as executor of Charles Philips, deceased, alleging, that Charles Philips, as the agent of John Nix, then in life, on the 1st of January, 1837, sold to James Harlow and William R. Parker, a tract of land, the property of Nix, and received, as agent, five hundred dollars, in part payment of the same. The object of this action was to recover that amount, with interest. The proof varying from these…
1Opinion of the Court
By the Court. —
Warner, J.
delivering the opinion.
[1.] The plaintiff in the Court below, brought his action to recover from the defendant, as the executor of Charles Philips, the sum of five hundred dollars, alleged to have been paid to the defendant’s testator, for the use of the estate of John Nix, deceased, for a tract of land sold by the defendant’s testator to Harlow and Parker, after the death of Nix, and before administration on his estate. After the evidence for the plaintiff was submitted to the Jury, the defendant moved the Court for a non-suit, upon the ground that no cause of action…
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