Hoyle v. Jones
Supreme Court of Georgia
In Equity, in DeKalb Superior Court. Bill, &c. Tried before Judge Warner. October Term, 18C6. Peter Eito, of North Carolina, died there in 1811, leaving a will, the sixth item of which was as follows: “ I -will and bequeath to my daughter, Catherine Hoyle, and to the children of her body, a negro woman named Polly, with said Polly’s offspring.” Catherine Hoyle was the wife of Adam Hoyle, who was one of the executors to this will.
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In Equity, in DeKalb Superior Court. Bill, &c. Tried before Judge Warner. October Term, 18C6. Peter Eito, of North Carolina, died there in 1811, leaving a will, the sixth item of which was as follows: “ I -will and bequeath to my daughter, Catherine Hoyle, and to the children of her body, a negro woman named Polly, with said Polly’s offspring.” Catherine Hoyle was the wife of Adam Hoyle, who was one of the executors to this will. Catherine died a few days after her father, the testator, leaving several children, all of whom were in life at the making of the will, as well as at the death of…
1Opinion of the Court
[1] Under the sixth item of Peter Eite’s will, Catharine Hoyle and her children took a j oint estate; no estate tail was created thereby. Jackson vs. Coggin 29 Ga. R. 403.
[2] The Code, Sec. 2872 says: “ If the defendant, or those under whom he claims, has been guilty of a fraud by which the plaintiff has been debarred or deterred from his action, the period of limitation shall run only from the time of the discovery of the fraud;” and see also See. 2647, where similar language'is used. Here all the defendant’s held under Adam Hoyle; he was the executor of Peter Eite’s will; it was his duty to…
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- Southern Feed Stores v. SandersSupreme Court of Georgia · 1942
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