Turner v. Cates
Supreme Court of Georgia
Equity. Practice. Judgment. Estoppel. Vendor. Evidence. Deed. New trial. Before Judge Richard H. Clark. Clayton superior court. March term, 1892. In 1876 J. 8. Cook owned 75 acres of land in the 12th district of Clayton county, upon 50 acres of which it seems he had taken a homestead as the head of a family consisting of himself, his wife, and one minor child named John Cook.
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Equity. Practice. Judgment. Estoppel. Vendor. Evidence. Deed. New trial. Before Judge Richard H. Clark. Clayton superior court. March term, 1892. In 1876 J. 8. Cook owned 75 acres of land in the 12th district of Clayton county, upon 50 acres of which it seems he had taken a homestead as the head of a family consisting of himself, his wife, and one minor child named John Cook. On the 27th of July, 1876, a bill was filed by J. S. Cook, as such head of a family, against R. S. Cates, who in some way, not shown by the record, had obtained possession of the 75 acres of land. On the 5th day of…
1Opinion of the CourtLumpkin, Justice
(after stating the facts as above) :
1. Hnder section 247, par. 5, of the code (Acts of 1869, p. 136), judges of the superior court have authority to hear and determine in vacation demurrers to bills in equity — now called equitable petitions. It was, however, in the case of Murphy v. Tallulah Steam, &c. Co., 72 Ga. 196, held that a bill in equity could not be dismissed on demurrer prior to the term to which the bill was returnable, and that the act of 1869 above referred to contemplated a “ vacation ” subsequent to the return term of the bill. Applying this construction of section 247 of the…
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