Welch v. Agar
Supreme Court of Georgia
Partition. Service. Minors. Parties. Trusts. Deeds. Tenants in common. Before Judge Bower. Dougherty superior court. April adjourned term, 1889. Agar by his petition alleged that he was the owner in fee of an undivided third-interest in certain described city lots; that Mrs. Hoge (minor), formerly Miss Welch, was the owner in fee of an undivided third-interest in them; that L. E. Welch, Jr., non-resident, was the owner in fee of the other undivided third interest; and that…
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Partition. Service. Minors. Parties. Trusts. Deeds. Tenants in common. Before Judge Bower. Dougherty superior court. April adjourned term, 1889. Agar by his petition alleged that he was the owner in fee of an undivided third-interest in certain described city lots; that Mrs. Hoge (minor), formerly Miss Welch, was the owner in fee of an undivided third-interest in them; that L. E. Welch, Jr., non-resident, was the owner in fee of the other undivided third interest; and that the lands could not be divided in kind. Wherefore he prayed that Sol. T. Hoge, the husband of Mrs. Hoge, be appointed…
1Opinion of the Court
Bleckley, Chief Justice.
1. Mrs, Hoge was a minor, and although service was made upon her, she did not appear or plead, nor did her husband accept the appointment of guardian ad litem, but expressly declined the same. The court should not have proceeded in spite of his declination, for the precise opposite is the spirit of our law. It contemplates an express acceptance, in order to make the infant a party with perfect regularity. Code, §3263(a). If Mrs. Hoge had voluntarily appeared after she attained majority, that would have sufficed, as it seems she had arrived at age when the trial on the…
2Cited by12 opinions
- Wheeler v. MartinSupreme Court of Georgia · 1916
- Miller v. LuckeySupreme Court of Georgia · 1909
- Peck v. WatsonSupreme Court of Georgia · 1928
- Spooner v. SpoonerSupreme Court of Georgia · 1933
- Bentley v. BentleySupreme Court of Georgia · 1920
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