Wimberly v. Ross
Supreme Court of Georgia
Equitable petition. Before Judge Malcolm D. Jones. Bibb superior court. January 8, 1921. Sara Ann Eoss and Dixie Y. Sabra Johnson, individually and as guardian for her two minor children, William Sabra and James Sabra, brought a petition against Laura E. Wimberly, for the cancellation of a certain deed, for injunction, and for other relief.
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Equitable petition. Before Judge Malcolm D. Jones. Bibb superior court. January 8, 1921. Sara Ann Eoss and Dixie Y. Sabra Johnson, individually and as guardian for her two minor children, William Sabra and James Sabra, brought a petition against Laura E. Wimberly, for the cancellation of a certain deed, for injunction, and for other relief. The petition alleged 'in substance the following: Plaintiffs and defendant are the only heirs at -law of Eleanor J. Sabra, who died intestate in 1919, and there has been- no administration on her estate; she left no debts against her estate, except a…
1Opinion of the CourtHill, J.
1. The petition is not multifarious. Brown v. Wilcox, 147 Ga. 546 (3) (94 S. E. 993); Georgia Peruvian Ochre Co. v. Cherokee Ochre Co., 152 Ga. 150 (108 S. E. 609).
2. The parties plaintiff, as heirs at law of Eleanor J. Sabra could maintain the suit under the allegations contained in the petition as amended. Allen v. Hurst, 120 Ga. 763 (48 S. E. 341); Civil Code (1910), §§ 3929, 3933.
3. The petition set forth a cause of action for the cancellation of the deed from Sara Ann Ross to the defendant, Laura R. Wimberly.
4. Properly construed, there was no inconsistency between the prayers of , the…
2Cases cited3 opinions
- Brown v. WilcoxSupreme Court of Georgia · 1918
- Georgia Peruvian Ochre Co. v. Cherokee Ochre Co.Supreme Court of Georgia · 1921
- Allen v. HurstSupreme Court of Georgia · 1904
3Cited by11 opinions
- Lewis v. FoySupreme Court of Georgia · 1940
- Kniepkamp v. RichardsSupreme Court of Georgia · 1941
- Smith v. MerckSupreme Court of Georgia · 1950
- Jordan v. HarberSupreme Court of Georgia · 1931
- Byrd v. Prudential InsuranceSupreme Court of Georgia · 1937
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