Adams v. Dixon
Decision Date | 28 February 1856 |
Docket Number | No. 93.,93. |
Citation | 19 Ga. 513 |
Parties | W. T. S. Adams, executor, plaintiff in error. vs. John Dixon, administrator, and others, defendants. |
Court | Georgia Supreme Court |
In Equity, in Catoosa Superior Court. Decided by Judge Trippe, October Term, 1855.
This was a bill of interpleader, filed by Adams, as executor of Jonathan Fielding, deceased, setting forth, that in the will of said Fielding, certain negroes were specifically bequeathed to his widow and his three brothers, James, Henry and George Fennell Fielding; that complainant, as executor, had said slaves in possession, and that he had been sued in Trover for them, by John Dickson, as administrator of Elizabeth Fielding, a former wife of testator, who claims them under an ante-nuptial agreement, between said Jonathan and Elizabeth; which action is now pending.
The bill was filed against the said Dickson, and against the said specific legatees, praying that they might interplead and have their respective claims to said negroes passed upon by the Court, to the end, that the complainant, as executor, might be protected against litigation and possible loss.
Upon demurrer, the Court dismissed this bill, upon theground, that no sufficient ground was shown for the interposition of a Court of Equity.
And on this decision error is assigned.
W. G. HansELL & Alexander, for plaintiff in error.
Underwood and Hull, representing Akin, for defendants.
By the Court. —McDonald, J., delivering the opinion.
Complainant's testator, amongst other things, bequeathed to his wife and three brothers all his negroes, to be equally divided among them. After the probate of the will, and the qualification of complainant as executor, he was sued, in an action of trover, by John Dickson, as administrator of Elizabeth Fielding, deceased, a former wife of the testator, for all the negroes embraced in the will, claiming them under antenuptial marriage articles as the property of his intestate. The legatees claim the property under the will.
The complainant files his bill, alleging that he claims no individual interest in and to the said slaves or their hire; that he holds them and their hire as executor of the last will and testament of Jonathan Fielding, deceased, and that he cannot surrender the said slaves to either of the parties without great risk, trouble and expense; and, until they appear before the Court and interplead with each other, and a final order and decree of the Court shall be had for his protection; and he prays that the said parties may interplead, and settle, and adjust their right and title to said negro slaves and their hire. The bill is entitled a bill of interpleader; but it contains an additional prayer, that the Court would secure and protect him from injury and loss, by giving him the benefit of its direction, order and decree, in the marshalling of the assets of the estate. Trie bill was demurred to; the demurrer was sustained and the bill dismissed, and the decision of the Court is excepted to.
The case made by this bill is simply this: The complainant is sued for slaves which came to his possession as executor, by a party who claims title to them in opposition to the title of testator; and the other parties called on to interplead, claim the same property as legatees under the testator\'s will, and claim his title. Is this a case in which the executor may file a bill of interpleader?
To entitle a person to a bill of interpleader, he must be in a position in which he is liable to one of two or more persons, who claim from him the same debt or duty; and he claims no right in opposition to...
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...the claim, though unsuccessful, will protect him against creditors and distributees. Stevens v. Warren, 101 Mass. 564; Adams v. Dixon, 19 Ga. 513, 65 Am. Dec. 608; Blue v. Watson, 59 Miss. The heirs of Jeanette have no title to the property. Their right is to share in the assets remaining i......
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...of right, to render the debt or duty." In other words, he must occupy the position of a disinterested stakeholder. Adams v. Dixon, 19 Ga. 513, 515, 65 Am. Dec. 608; Davis v. Davis, 96 Ga. 136, 21 S. E. 1002; Little v. Davis, 140 Ga. 212, 78 S. E. 842; 23 Cyc. 5(3), 21 (b); 11 Enc. PI. & Pr.......
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