Samuel Guthrie Heirs in the Supreme Court of Georgia, 1920

In 1920, residents of Ray City, GA were once again appearing before the Supreme Court of Georgia. this time in the case of REGISTER et al. v. GUTHRIE et al.  The case concerned the estate of Samuel F. Guthrie, one of the early settlers of Berrien County.

The children of Samuel F. Guthrie and Martha Newbern were:

Lewis Guthrie  abt 1853 –
Josephene Guthrie 1856 –
Archibald Guthrie 1859 –
Samuel Guthrie 1860 –
Arren Horn Guthrie 1864 – 1932
Dicey Guthrie 1866 – 1953
James Berrien Guthrie 1868 – 1949
Martha Guthrie 1870 –
Linton Guthrie 1872 –
Betty Guthrie 1874 –
John Guthrie 1876 –
Dread Guthrie 1879-

Grave Marker of Samuel Guthrie

Grave Marker of Samuel Guthrie

When Samuel F. Guthrie  died, he left to each of his sons  a “two-horse farm.”  To his widow, he left “the Dowery.”  Unfortunately, as sometimes happens, there was a dispute among the heirs as to the disposition of their father’s land.

REGISTER et al. v. GUTHRIE et al.
(No. 1703.)

(Supreme Court of Georgia. June 18, 1920.)

(Syllabus by the Court.)

Executors and administrators <= 380(4)—Refusal of interlocutory injunction to restrain sale of realty purchased at administrator’s sale held not abuse of discretion.

The evidence was conflicting on the material points of the case. The court did not abuse his discretion in refusing to grant the interlocutory injunction.

Error from Superior Court, Berrien County ; R. G. Dickerson, Judge.

Suit by Josephine Register and others against S. F. Guthrie and others to set aside cloud on title, for an accounting, and for an injunction. Decree for defendants, and plaintiffs bring error. Affirmed.

The petition alleged that petitioners and defendants were the heirs of Samuel Guthrie, deceased, and that two of the defendants were the administrators of his estate; that defendants fraudulently entered into an agreement to suppress bidding at the administrators’ sale of the real property belonging to the estate of Samuel Guthrie, and to have one of the defendants bid in the property for the benefit of the others as cheaply as possible, and thereafter to account to the other defendants to the exclusion of petitioners. Petitioners prayed that the administrators’ deeds be set aside as a cloud on title, that defendants be compelled to account for the rents and profits received by them, and that they be enjoined from selling or incumbering the lands or the Umber thereon. Statement by editor.

W. R. Smith and R. A. Hendricks, both of Nashville, for plaintiffs in error.

J. D. Lovett, of Nashville, for defendants in error.

GiLBERT, J. Judgment affirmed.
All the Justices concur.

Register et. al. v. Guthrie et. al.

Register et. al. v. Guthrie et. al.

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