Minor v. Hull

Court of Appeals of Georgia

Minor v. Hull

94 S.E. 808, 21 Ga. App. 623, 1918 Ga. App. LEXIS 440

CourtCourt of Appeals of Georgia

DecidedJanuary 22, 1918

Docket8898

StatusPublished

This text of 94 S.E. 808 (Minor v. Hull) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Minor v. Hull, 94 S.E. 808, 21 Ga. App. 623, 1918 Ga. App. LEXIS 440 (Ga. Ct. App. 1918).

Pincite

Opinion

Luke, J.

1. Suit may be instituted against the heirs of an estate, where the estate has been distributed to them without notice of an existing debt, and the creditor may compel them to contribute pro rata to the payment of his debt. Civil Code (1910), § 3998. Such suit does not necessarily have to be instituted in a court of equity, but may be instituted in a court of law. Jones v. Parker, 55 Ga. 11; Jones v. Parker, 60 Ga. 500. Therefore the city court of Atlanta was not without jurisdiction to hear, determine, and render judgment in this case.

2. The court did not err in overruling the demurrers of the defendants.

Judgment affirmed.

Wade, G. J., and Jenkins, J., concur

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Luke, J.

1. Suit may be instituted against the heirs of an estate, where the estate has been distributed to them without notice of an existing debt, and the creditor may compel them to contribute pro rata to the payment of his debt. Civil Code (1910), § 3998. Such suit does not necessarily have to be instituted in a court of equity, but may be instituted in a court of law. Jones v. Parker, 55 Ga. 11; Jones v. Parker, 60 Ga. 500. Therefore the city court of Atlanta was not without jurisdiction to hear, determine, and render judgment in this case.

2. The court did not err in overruling the demurrers of the defendants.

Judgment affirmed.

Wade, G. J., and Jenkins, J., concur

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Bluebook (online)

94 S.E. 808, 21 Ga. App. 623, 1918 Ga. App. LEXIS 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minor-v-hull-gactapp-1918.

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