Legal Opinion
Wright v. Scott
Supreme Court of Georgia
Decided July 13, 1916PublishedCited by 4 opinions
Claim. Before Judge Summerall. Charlton superior court. March 21, 1915.
1Opinion of the CourtFish, C. J.
“For the property of a deceased person to be sold under an execution against the administrator, the execution must be such as can be levied upon the goods and chattels, lands and tenements of the deceased. An execution which directs a seizure of the property of the administrator is not such a process.” Jones v. Parker, 60 Ga. 500. The judgment and execution must be de bonis testatoris, not de bonis propriis. Freeman v. Binswanger, 57 Ga. 159; Lemon v. Thaxton, 59 Ga. 706; Jones v. McCleod, 61 Ga. 602; Ramsey v. Cole, 84 Ga. 147 (10 S. E. 598).(a) Accordingly, where an execution commanded the…
2Cases cited5 opinions
- Ramsey v. ColeSupreme Court of Georgia · 1889
- Jones v. McCleodSupreme Court of Georgia · 1878
- Jones v. ParkerSupreme Court of Georgia · 1878
- Freeman v. BinswangerSupreme Court of Georgia · 1876
- Lemon v. ThaxtonSupreme Court of Georgia · 1877
3Cited by4 opinions
- Bishop v. PinsonCourt of Appeals of Georgia · 1924
- In Re ButlerDistrict Court, W.D. Virginia · 1937
- Mobley v. BrightwellSupreme Court of Georgia · 1931
- Interstate Bond Co. v. Phœnix Mutual Life InsuranceSupreme Court of Georgia · 1936