Smith v. Howell

Supreme Court of Georgia

Smith v. Howell

46 Ga. 128

DecidedJuly 15, 1872

StatusPublished

This text of 46 Ga. 128 (Smith v. Howell) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Howell, 46 Ga. 128 (Ga. 1872).

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Opinion

McCay, Judge.

We have, in several cases since the passage of the Act of 13th October, 1870, ruled that if a widow and minor children were the equitable owners of a debt, the case was within the exceptions to that Act, even though the legal title was in a guardian, executor, administrator or trustee. This is clearly such a case. At the date of the Act this note was the property equitably of these minors and the widow, in good faith, and according to the rulings we have alluded to, the case is within the exceptions to the Act.

Judgment reversed.

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McCay, Judge.

We have, in several cases since the passage of the Act of 13th October, 1870, ruled that if a widow and minor children were the equitable owners of a debt, the case was within the exceptions to that Act, even though the legal title was in a guardian, executor, administrator or trustee. This is clearly such a case. At the date of the Act this note was the property equitably of these minors and the widow, in good faith, and according to the rulings we have alluded to, the case is within the exceptions to the Act.

Judgment reversed.

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Bluebook (online)

46 Ga. 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-howell-ga-1872.