4 Ga. 516 | Ga. | 1848
By the Court.
delivering the opinion.
This judgment, we say, may be set aside, and the administrator held to account, as may any judgment at Law, if the complainant can show that it was obtained by fraud, or that these minors had cause to show against it, of which they were ignorant at the time, or which they were prevented from availing themselves of, by accident, or the act of the administrator. Equity has the same power over it that it has over other judgments at Law. For the power of a Court of Chancery over a judgment at Law, and the grounds upon which it will be exercised. See-1 Hill’s Ch. Rep. 22. 1 Spear, R. 277. 1 Story’s Eq. 178. 6 John. Gh. R. 228. 7 Cranch R. 332. 1 Kelly R. 136. 2 Kelly,, 279. 3 Kelly, 78.
The bill charges that the dismission was fraudulently obtained, with a view to bar the claim of the complainants. “In proof of which, it proceeds to state that the said Anderson (the defendant) obtained letters of administration on the 5th of May, 1845,. and was dismissed on the 6th July, 1846.” These are all the allegations against the judgment of the Court of Ordinary. Whatever they amount to, they are to be taken as true. It is well settled, that a general allegation of fraud, in a bill, amounts to nothing — it is necessary that the complainant show, by specifications, wherein the fraud consists. Issuable facts must be charged. The demurrer confesses only what is well pleaded. The general allegation that this judgment was fraudulently obtained, to bar the complainant’s claim, is bad pleading, and the' demur
The general allegation covers no other ground than that covered by the facts specified. It is limited by them. They are confessed by the demurrer. What ave they ? What are the grounds of fraud charged in this Bill against the judgment? The complainant charges that it was fraudulently obtained, for the reason that the administrator was appointed on the 5th May, 1S45, and dismissed on 6th July, 1846. In these two facts then, the fraud consists. They may be true, and yet the administrator be wholly guiltless of fraud. They are consistent with perfect honesty on his part. Between the time of his appointment a.nd discharge, there was space for a full settlement of the estate. For aught that this Court can know, it was easily settled. The law limits no time within which he shall not make his application for dismission. He is entitled to it, whenever, having made the application in legal form, he can show to the satisfaction of the Court of Ordinary, that he has fully executed the trust. Conceding then that these facts are true, they prove no fraud in procuring the discharge.
In favor of the policy of this Statute it may be well said, that there ought to be a limit as to time, of the onerous responsibility of executors and administrators. There certainly ought to be a release, upon which they, and their estates and representatives, may repose in confidence and security. These are trusts which somebody must assume. They are not desirable to any prudent and honest man. They require ability, vigilance and integrity. But few unprofessional men, come out of the administration' of a large estate, without injury. It is not the policy of the country to increase generally, the difficulties in the way of an early and final discharge. Of this I am fully convinced. The effect of a repeal of the Act of 1810, would be, to increase the chances of throwing the administration of estates into the hands of incompetent or dishonest men, and thus, instead of maintaining the rights of creditors, heirs and distributees, they would be subjected to increased hazards. At the same time, the operation of the Act, as we have now construed it, and as it has been generally construed by the Circuit Bench, is to endanger, to say, the least of it,
Let the judgment of the Court below he affirmed.