Fulton v. Smith
Supreme Court of Georgia
In Equity, from Houston county. Decision on demurrer, by Judge Lamar, at October Term, 185S. This bill was filed by John Fulton and wife, against William P. Gilbert, executor of William Smith, deceased, Thomas Pollock, administrator of Risden Smith, deceased, M. S. Burney, administrator of Needham Smith, deceased, and the widow of said Needham, who was the daughter of the testator, William Smith, deceased, Alexander Smith, Josiah Hodges and wife, Garat Smith, and Jesse…
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In Equity, from Houston county. Decision on demurrer, by Judge Lamar, at October Term, 185S. This bill was filed by John Fulton and wife, against William P. Gilbert, executor of William Smith, deceased, Thomas Pollock, administrator of Risden Smith, deceased, M. S. Burney, administrator of Needham Smith, deceased, and the widow of said Needham, who was the daughter of the testator, William Smith, deceased, Alexander Smith, Josiah Hodges and wife, Garat Smith, and Jesse Smith, to compel the specific performance of an agreement, made by and between all the above named parties, except Gilbert,…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
Was the Court right in' sustaining the demurrer to the bill?
The first ground of the demurrer, was, that Gilbert, the executor of Smith, the elder, was improperly joined with the other defendants, in the bill.
[1.] This was a good ground, unless Gilbert had in his hands, some of the property covered by the agreement. It does not appear whether he had, or not, Therefore, he must be struck from the bill, unless a statement shall be added to the bill, that he has in his hands, some of the property covered by the agreement. But objections of this sort,…
2Cited by8 opinions
- Belt v. LazenbySupreme Court of Georgia · 1906
- Jones v. RobinsonSupreme Court of Georgia · 1931
- West v. DownerSupreme Court of Georgia · 1962
- Preston v. HamSupreme Court of Georgia · 1923
- Barrett v. CardenSupreme Court of Vermont · 1893
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