Minor v. Hull

Court of Appeals of Georgia

Minor v. Hull

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

Court of Appeals of Georgia·Decided January 22, 1918·No. 8898·Published

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

Free access — add to your briefcase to read the full text and ask questions with AI

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

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

Pincite

94 S.E. 808 (Minor v. Hull) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related