Supreme Court of Georgia July 27, 1899 (Fain v. Hughes)

Lumpkin, P. J.

An equitable petition was filed in the superior court of Union county, by A. A. Fain, administrator of M. M. Fain, and by John England, against T. C. Hughes and M. G. Hamby, executors of T. M. Hughes. The defendants filed a plea of res adjudicata, and the case was submitted to the presiding judge for determination without the intervention of a jury.