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p0 1]1tca1]E8ttd1aatJD. H. Thuuderburke, administrator, vs.G. 0. Gorham. Demurrer to bill, from Talbot.WARNER, 0. J.This was a bill filed by the complainant against the defendants, to make the property of the estates of Wm. B. Popeand Allen Pope, who died intestate, subject to the payment of the complainant’s debt. • The defendants demurred to the complainant’s bill, which was sustained,and the bill dismissed, whereupon the complainant excepted. The complainant alleges that at the sale of the property of his intestate, one George Gorham, as the temporary administrator on the estates ofthe two deceased Popes, and one Bro wnpurchased a certain amount of property for the benefit of the two latter estates, I ^ snd gave his note therefor, which was signed by him as temporary administrator; that ho obtained a judgment on said note against George Gorham for $146 60 principal, and $14 73 for interest. Subsequently Willis J. Gorham was appointed administrator on the estates of the two Popes, and moved to set aside the •judgment obtained against Georgo Goi-ham so far as the same attempted to bind the property of the estates he represented, which motion prevailed.It is not alleged in the bill that George Gorham is insolvent. The complainant can obtain and enforce his judgmentagainst the individual property of George Gorham for the payment of his debt, for aught that appears on the face of the bill. The note given to the complainantctcc€CcIIcby George Gorham as temporary administrator bound him individually for the payment of it, but did not bind the property of the estates which he represented. If George Gorham is not insolvent, but able to pay the note, there is no good reason shown by the bill why the complainant has not an ample and adequate remedy at law to compel him to do so. If George Gorham pays the note to the complainant, and it was given by him for the property purchased for the benefit of the estates, and tbe same was appropriated and used for the benefit thereof, he may claim the right to be reimbursed out of the property of the estates, on a proper case made, but the complainant cannot look to the estate for the payment of his note on GeorgeGorham unless he is insolvent, which is not alleged. Let the judgment of the court below be affirmed.Marion Bethune, represented by W. A. Little, for plaintiff in error; E. H.Worrell for defendant.31tc tc 1 1 1 c lt;lt;
Newspaper Details
Atlanta Weekly Sun
Atlanta, Georgia, US
Wed, Aug 21, 1872
Page 2
Full Page
Clipped by
Michelle D.
USA 13 May 2022
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