Morgan V. Hamlet - Facts


The complainants are the administrator de bonis non of Samuel D. Morgan, deceased, and the children and heirs at law and widow of the intestate, citizens of North Carolina. The female defendants are the children and heirs at law of John G. Morgan, deceased, sued with their husbands, and all citizens of Arkansas.

In 1860, a partnership was formed between two brothers, Samuel D. Morgan and John G. Morgan, the former advancing the means, the latter being bankrupt, for stocking and cultivating a cotton plantation in Arkansas, purchased in the name of the firm, but paid for only in part. Samuel D. Morgan continued to reside in North Carolina. John G. Morgan lived on the plantation in Arkansas, and personally conducted its operations. This he did during several years, including the year 1865, when the plantation was sold, under judicial proceedings, to pay the unpaid purchase money. Samuel D. Morgan died in January 1864.

John G. Morgan died in 1875, the defendants, his heirs at law, having come into possession of the property in his possession at his decease, more than sufficient to satisfy the claim of the complainants.

Of the complainants, Samuel T. Morgan became of age September 8, 1876, and William W. Morgan in May 1878. They never had a guardian, and allege their ignorance of the frauds charged to have been practiced against them by John G. Morgan until in 1879.

The answer of the defendants, though admitting the fact of such a partnership as alleged, denies that any profits were made and denies all the allegations of fraud. It also shows that John G. Morgan died in April 1875, leaving him surviving Emma S. Morgan, his widow, and the defendants, Alice R. Hamlet and Emma G. Abell, and Lula Morgan, an infant, his only children; that letters of administration were issued on his estate by the Probate Court of Chicot County, Arkansas, in which he lived at the time of his death, on August 6, 1875, to his widow, who acted as administratrix of his estate until October 13, 1875, when she resigned, and the defendant John C. Hamlet was appointed by the same court administrator de bonis non, and qualified and acted as such. And it is relied on as a defense that the demands made in the bill were not authenticated and presented to the administratrix or the administrator de bonis non of John G. Morgan, deceased, according to law, within two years of the granting of letters of administration on his estate.

On final hearing the bill was dismissed. From this decree the complainants brought this appeal.

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Facts usually refers to the usage as a plural noun of fact, an incontrovertible truth. Facts may also refer to:

  • Carroll, Lewis, who wrote a poem called "Facts"
  • FACTS (newspaper), program produced by Asia Television in Hong Kong
  • Flexible AC transmission system, abbreviated FACTS
  • Newdow, Michael, the leader of the church "First Amendment Church of True Science", which has the acronym FACTS
  • Fact - Fact in Data Warehousing
  • FACTS (newspaper) - was a weekly magazine from Switzerland, appearing in the publishing house Tamedia
  • Facts (convention) - a comic, scifi and anime festival in Belgium

Famous quotes containing the word facts:

    The effectiveness of our memory banks is determined not by the total number of facts we take in, but the number we wish to reject.
    Jon Wynne-Tyson (b. 1924)

    Now what I want is facts. Teach these boys and girls nothing but facts. Facts alone are wanted in life. Plant nothing else and root out everything else. You can only form the minds of reasoning animals upon Facts: nothing else will ever be of any service to them.
    Charles Dickens (1812–1870)

    Live in contact with dreams and you will get something of their charm: live in contact with facts and you will get something of their brutality. I wish I could find a country to live in where the facts were not brutal and the dreams not real.
    George Bernard Shaw (1856–1950)