Thrasher v. Anderson
Supreme Court of Georgia
Equity. Continuance. Alteration. New Trial. Before Judge Robinson. Morgan Superior Court. September Adjourned Term, 1871. James C. Anderson and others filed their bill against Early ~W. Thrasher, as executor upon the estate of Barton Thrasher, deceased.
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Equity. Continuance. Alteration. New Trial. Before Judge Robinson. Morgan Superior Court. September Adjourned Term, 1871. James C. Anderson and others filed their bill against Early ~W. Thrasher, as executor upon the estate of Barton Thrasher, deceased. The complainants charged that they were legatees under the will of said Barton Thrasher, executed on the 14th day of October, 1865; that in the second item of said will is found the following language in reference to said executor: “ I also hold against him (meaning Early W. Thrasher,) a promissory note for $25,300, dated September 15th, 1864,…
1Opinion of the Court
McCay, Judge.
We think, after a careful examination of the record in this case, that the principles of justice require another trial. The verdict cannot, in our judgment, be legally sustained, except on the evidence of imposition by the defendant in procuring the receipt from the testator, when he was incompetent to contract. We do not say this is the truth, but that it must have been only on that point that the jury acted. There is some evidence to sustain the verdict on that issue, and we should hesitate to disturb it, under the rule we have so often announced, had that-branch of the ease…
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