Hamilton v. Cargile
Supreme Court of Georgia
Complaint for land. Before Judge Pendleton. Fulton superior court. November 13, 1905. Sarah Hamilton and others brought suit against Ellen Cargile to recover certain land in the city of Atlanta. The record discloses the following facts: On March 5, 1870, Clark and Langston conveyed the land in dispute to Zebidee Cargile. Subsequently in the same year Cargile executed a deed to John Neal, conveying the same property.
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Complaint for land. Before Judge Pendleton. Fulton superior court. November 13, 1905. Sarah Hamilton and others brought suit against Ellen Cargile to recover certain land in the city of Atlanta. The record discloses the following facts: On March 5, 1870, Clark and Langston conveyed the land in dispute to Zebidee Cargile. Subsequently in the same year Cargile executed a deed to John Neal, conveying the same property. Neal died in 1886, leaving a will which provided that his executors should have full power to sell all his real estate, and to exercise their own judgment as to the manner and…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. The amendment to the petition, tendered by the plaintiffs, and which is set out in the statement of facts, was properly disallowed by the court. Even if it be treated as sufficiently setting forth a case which made an accounting proper, and if it be a valid tender, the result of the amendment, if it had been allowed and proved and full effect given to it, would have been to-require of the court the rendition of a decree adjudging a deed, absolute on its face, to be merely a deed to secure a debt; but the person who had purchased the property included in the…
2Cases cited2 opinions
- Brown v. BrownSupreme Court of Georgia · 1895
- Wyche v. GreenSupreme Court of Georgia · 1861
3Cited by14 opinions
- Sowell v. SowellSupreme Court of Georgia · 1956
- Price v. GrossSupreme Court of Georgia · 1918
- Sapp v. ClineSupreme Court of Georgia · 1908
- Shelton v. EdenfieldSupreme Court of Georgia · 1918
- Parnell v. WootenSupreme Court of Georgia · 1947
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