Ellis v. Geer, (Nos. 17501-17507.)

• Court: Georgia Court of Appeals
• Writing for the Court: PER CURIAM
• Citation: Ellis v. Geer, 36 Ga.App. 519, 137 S.E. 290 (Ga. App. 1927)
• Decision Date: 28 February 1927
• Docket Number: (Nos. 17501-17507.)
• Parties: ELLIS. v. GEER et al.

36 Ga.App. 519

137 S.E. 290

ELLIS.

v.GEER et al.

(Nos. 17501-17507.)

Court of Appeals of Georgia, Division No. 2.

Feb. 28, 1927.

(Syllabus by the Court.)

Error from Superior Court, Miller County; M. J. Yeomans, Judge.

Separate actions by H. C. Haddock' & Co., Swift & Co., Federal Reserve Bank of Atlanta, J. R. Vann, as receiver of the First National Bank of Colquitt, Bank of Kestler, and H. E. Hightower against Mrs. Sallie Mae Cook (King), administratrix of the estate of J. C. Cook, deceased, and others, were consolidated, and P. Z. Geer, appointed receiver of the estate, was made party plaintiff in consolidated action. Judgment for plaintiffs, defendants' motions for new trial were overruled, and defendant J. G. Ellis brings separate error In each action. Judgment reversed in consolidated action, and writs of error dismissed in all separate actions.

Mrs. Sallie Mae Cook (King) qualified as administratrix of the estate of J. C. Cook, her deceased husband, and gave bond in the sum of $5,000 with J. G. Ellis and J. T. Arnold as sureties. The widow applied for dower and year's support, and the sum of $3,500 was set apart to her as a year's support. She sold the land belonging to the estate and various personal property, amounting to $5,514.10. Her husband, at the time of his death, was in possession of a tract of land held under a bond for title, with a portion of the purchase price paid; this bond for title was surrendered, and possession of the land relinquished to the vendor in consideration of his paying to the administratrix $550. Haddock & Co., Swift & Co., Federal Reserve Bank of Atlanta, H. E. Hightower, J. R. Vann, as receiver of the First National Bank of Colquitt, and Bank of Kestler, creditors of the decedent, filed suits against the administratrix on their claims, and obtained judgments against her and the estate amounting to $2,746.76. Thereafter H. E. Hightower, Vann, as receiver, and the Bank of Kestler, filed a petition in the court of ordinary praying for a settlement of their claims, upon which petition the ordinary cited the administratrix to a settlement. Pursuant to this citation the administratrix filed a return showing receipts, including the amount received for the surrender of the decedent's bond for title interest in the land mentioned, aggregating $6,164.10, and showing expenditures, including the payment of a fee of $850 to her attorney, of the entire amount received, leaving nothing on. hand. The ordinary disallowed certain claimed expenditures of the administratrix, including a reduction in the amount of attorney's fees to $350, thus reducing the amount of allowed disbursement from $6,164.10 to $4,504.37, the return as allowed and ordered filed by the or-dinary showing a balance on hand of $1,659.73. Thereafter each of the named judgment creditors of the estate filed a separate suit against the administratrix and the sureties on her bond, alleging a breach of the bond, and that funds sufficient to pay their claims had come into the hands of the administratrix and had not been accounted for. After the filing of these suits the named judgment creditors, together with another creditor, joined in an action in equity against the administratrix and her attorney at law, alleging waste and mismanagement of the estate, and praying for the appointment of a receiver. On this petition P. Z. Geer was appointed receiver of the estate, and an order was passed providing that:

"All of the pending suits against Sallie Mae Cook King, and her sureties on her bond as administratrix of the estate of J. C. Cook, deceased, be and the same are hereby consolidated, and the receiver, P. Z. Geer, is hereby made a party plaintiff in said cases. * * * And said cases are hereby ordered to proceed in the name of said receiver with full power and authority in said receiver to proceed with said suits as party plaintiff."

It appears from the record that this order was passed by the consent of all parties. Thereafter a further...