Reed v. Mathewson
Supreme Court of Georgia
Petition for specific performance. Before Judge Pendleton. Pulton superior court. July 10, 1916. Mrs. O. L. Beed filed a petition against J. H. Mathewson, alleging that they were common owners and tenants in common of a certain described tract of land, the plaintiff owning a two-thirds undivided interest and the defendant an undivided one-third interest therein; that about the-day of January, 1914, the defendant and the plaintiff orally agreed to partition the land and…
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Petition for specific performance. Before Judge Pendleton. Pulton superior court. July 10, 1916. Mrs. O. L. Beed filed a petition against J. H. Mathewson, alleging that they were common owners and tenants in common of a certain described tract of land, the plaintiff owning a two-thirds undivided interest and the defendant an undivided one-third interest therein; that about the-day of January, 1914, the defendant and the plaintiff orally agreed to partition the land and employed a civil engineer to make a division between them. The civil engineer surveyed the entire tract and made a plat of…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) The law respecting- contractual partition of land is so aptly stated in Smith v. Smith, 133 Ga. 170 (65 S. E. 414), that we take the liberty of repeating it: “An agreed partition of land is such a contract as is required to be in writing, under the statute of frauds. A mere parol partition, without more, will not suffice. In some States it is held that a parol partition, though consummated by possession under it and acquiescence in such possession, will not vest the legal title in severalty, unless the possession be continued for a sufficient length of…
2Cases cited5 opinions
- Smith v. SmithSupreme Court of Georgia · 1909
- Welchel v. ThompsonSupreme Court of Georgia · 1869
- Adams v. SpiveySupreme Court of Georgia · 1894
- Blacker v. DunlopSupreme Court of Georgia · 1894
- Ralph v. WardSupreme Court of Georgia · 1899
3Cited by4 opinions
- Paul v. KeeneSupreme Court of Georgia · 2000
- Young v. BozemanSupreme Court of Georgia · 1972
- Evans v. LipscombSupreme Court of Georgia · 1996
- Daniel v. MaynardSupreme Court of Georgia · 1922