McDougald v. Maddox
Supreme Court of Georgia
In Equity, in Muscogee Superior Court. Decided by Judge Wokrill, at the May Term, 1860. This case was continued from the last to the present term of this Court, and the questions presented in the record for adjudication arise out of the following state of facts: William Moughon died in the county of Jones, leaving an estate worth fifty thousand dollars, one-half of -which was bequeathed to his daughter, Sarah E. Moughon.
Read the full summary
In Equity, in Muscogee Superior Court. Decided by Judge Wokrill, at the May Term, 1860. This case was continued from the last to the present term of this Court, and the questions presented in the record for adjudication arise out of the following state of facts: William Moughon died in the county of Jones, leaving an estate worth fifty thousand dollars, one-half of -which was bequeathed to his daughter, Sarah E. Moughon. On the 1st of November, 1830, John Mitchell qualified as Moughon’s executor, and took possession of his estate. In the year 1835, Mitchell obtained letters of guardianship of…
1Opinion of the Court
*68 By the Court.
Lumpkin, J.,
delivering the opinion.
In Alexander vs. Mercer and others, (7 Ga. R., 549) this Court held that where an administrator, upon the discharge of his first sureties, gave a new bond, and subsequently became insolvent, equity would entertain jurisdiction of a bill, filed against the administrator and both sets of sureties, praying a discovery of the amount of the devastavit and the time when it occurred, in order to charge each set of sureties according to their respective liabilities on their bonds.
The case now before us, was brought before this Court at Columbus,…
2Cited by4 opinions
- National Bank v. Southern Porcelain Manufacturing Co.Supreme Court of Georgia · 1877
- Remington v. HopsonSupreme Court of Georgia · 1911
- Redwine v. FrizzellSupreme Court of Georgia · 1938
- Walton v. WilliamsSupreme Court of Virginia · 1886