Rogers v. Hoskins
Supreme Court of Georgia
Application for Dower, in Houston Superior Court. Decided by Judge Powers, April Term, 1853. Harrison D. Hoskins, of Houston county, having departed this life, his widow, Malinda A. Hoskins, made her application to the Superior Court of the county, for the assignment of dower.
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Application for Dower, in Houston Superior Court. Decided by Judge Powers, April Term, 1853. Harrison D. Hoskins, of Houston county, having departed this life, his widow, Malinda A. Hoskins, made her application to the Superior Court of the county, for the assignment of dower. The notice to the executors was objected to, because it did not state the name of the person in whose behalf the application was to be made ; and also, that it was served on but one of the two executors of the deceased. The notice was in the following words: Georgia, Houston County. To Shepherd Rogers and James Alford,…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] A notice in the name of nobody, is no notice.
[2.] Both executors are joined in the notice. This was right. Both should have been served — they were not. This Was wrong.
Judgment reversed.
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