Grubbs v. McGlawn
Supreme Court of Georgia
Administrator’s sales. Equity. Before Judge Harrell. Webster Superior Court. September Term, 1869. McGlawn, by his bill, filed in 1866, against Mrs. Grubbs, made the following averments: In 1858, he loaned her husband $3,611 85, less the 'interest of twelve months, and took therefor her husband’s note, secured by a mortgage on seven slaves. Grubbs died in 1863, owning eight or nine hundred acres of land, in said county, and certain personal estate.
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Administrator’s sales. Equity. Before Judge Harrell. Webster Superior Court. September Term, 1869. McGlawn, by his bill, filed in 1866, against Mrs. Grubbs, made the following averments: In 1858, he loaned her husband $3,611 85, less the 'interest of twelve months, and took therefor her husband’s note, secured by a mortgage on seven slaves. Grubbs died in 1863, owning eight or nine hundred acres of land, in said county, and certain personal estate. Mrs. Grubbs took possession of his estate as, his administratrix, and McGlawn sued her, as administratrix, on said note, to September term, 1866,…
1Opinion of the CourtBrown, C. J.
1. It was insisted that the equity of this bill was fully sworn off by the answer, and that the Chancellor erred in refusing to dissolve the injunction and dismiss the bill. As a general rule, it is the duty of the Chancellor to dissolve the injunction when the equity of the bill is sworn off by the answer of the defendant. But we cannot agree with the counsel for the plaintiff in error that this is such a case.
2. The equity of this bill hangs on the decision of the question, whether the administratrix had the right to purchase the lands of the intestate at her own sale, and whether the sale…
2Cases cited4 opinions
- Worthy v. JohnsonSupreme Court of Georgia · 1850
- Fleming v. ForanSupreme Court of Georgia · 1853
- Mercer v. NewsomSupreme Court of Georgia · 1857
- Shine v. RedwineSupreme Court of Georgia · 1860
3Cited by5 opinions
- Warner v. HillSupreme Court of Georgia · 1922
- King v. KingSupreme Court of Georgia · 1969
- Johnson v. GilesSupreme Court of Georgia · 1882
- In re Eastman Oil Co.District Court, S.D. Georgia · 1916
- Word v. DavisSupreme Court of Georgia · 1899