Supreme Court of Georgia, 1895

Daniel v. Columbus Fertilizer Co.

Daniel v. Columbus Fertilizer Co.
Supreme Court of Georgia · Decided May 13, 1895 · Simmons
96 Ga. 775; 22 S.E. 904

Daniel v. Columbus Fertilizer Co.

Opinion of the Court

Simmons, C. J.

The facts alleged, in the plaintiff’s petition to marshal the assets of the estate of his intestate showed sufficient doubt and uncertainty as to the legal priority of the several claims against the estate, and enough complication in its affairs, to make the filing of the petition proper. This being so, it was not without equity, and it was error to dismiss it upon demurrer.

Judgment reversed.

J. A. Anslby, for plaintiff. J, II. Lumpkin, for defendants.

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