Whitaker v. Smith

Decided March 15, 1862

Supreme Court of Georgia · decided 1862-03-15

Decided by Judge Bull, at November Term, 1861. .This case was submitted to the decision of the Court by agreement of counsel, upon the following statement of facts: At the September Term, 1860, of the Court of Ordinary of Fulton county, on the joint application of Jared I. Whitaker and John C. Smith, co-administrators of the estate of C. W. Smith, said Court passed an order empowering them to sell the real estate and slaves belonging to said estate, and at November Term,…

Good law ✅— No negative treatment on recordhow we know

Decided 1862-03-15

How this case has been cited

Cited by 4 later decisions — most recently November 1961

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

By the Court —

¶1Lyon, J., delivering the opinion.

¶2By the statutes of the State an administrator, to obtain leave of the Court of Ordinary to sell real estate or negroes, must publish a notice of his intended application in a public gazette of the State for four months, in terms of the law. After this publication and application made and granted by the Ordinary, the order of the Ordinary, granting the leave to sell, is as solemn and conclusive a judgment as any that Court can make or render, and it cannot be vacated, rescinded or revoked by that Court, except in the same manner as other judgments of that Court, upon notice to the administrator and for good cause shown. Indeed, if persons interested in the lands or negroes object to the sale, and for proper causes, such objections ought to be filed before the grant of the order; that is the object of the publication.

¶3Let the judgment be reversed.