Turk v. Ross

Decided August 15, 1877

Supreme Court of Georgia · decided 1877-08-15

Injunction. Judgments. Administrators and executors.' Debtor and creditor. Before Judge Bartlett. Jones Superior Court. April Term, 1877. Ross, as executor of James M. Gray, deceased, and others, filed their bill against Cordelia Turk, Virginia Pitts, and Ellen Singleton, as executrix of Leroy Singleton, deceased, making, in brief, the following allegations : They are creditors of Leroy Singleton, deceased, and have recovered judgments against his executrix since his death.

Cited by 1 later decisions — most recently October 1948

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1877-08-15

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Bleckley, Judge.

¶1The priority of debts is established by Code, §2533. This *380is not to be altered by subsequent judgments. 45 Ga., 205. Creditors can contest priority after judgment as well' as before. This being so, there is no reason for enjoining suits against the executor.

¶2Cited by plaintiffs in error: 1 Chit. Pl. 1; Code, §3451; 55 Ga., 36; Colesby vs. Dart, 59 Ga.; 8 Ib., 236; 10 Ib., 266; 25 Ib., 152; Code, §2542; 41 Ga., 307; Hayden vs. Johnson, 59 Ib.; Acts of 1869, p. 134; 45 Ga., 478; 57 Ib., 459; Code, §§2922, 2926; 46 Ga., 361; 48 Ib., 150, 471; 57 Ib., 227; 41 Ib., 579; Brandon vs. Low, 59 Ib.; Johnson vs. McCullough, Ib.; Code, §§1947, 3596, 3317, 3594, 3210, 3081, 3095, 3096, 4178; 22 Ga., 123; 3 Cent. Law J., 785; High on Inj., §§44, 45; 2 Story’s Eq., §875.

¶3Cited by defendants: Code, §3451; 55 Ga., 36; Code, §§3144, 2918, 2607; Adams’ Eq., 258, and note; Story’s Eq. Pl., §99.

¶4Judgment reversed.