Slay v. George
Supreme Court of Georgia
Equitable petition. Before Judge Park. Morgan superior court. August 14, 1915. Mrs. Lossie George Walker brought an equitable action for partition of land, for an accounting, and for other relief, alleging, after amendment, that Calvin George, who had never married, died on March 26, 1902, leaving an estate of realty and personalty and the following heirs at law: Millard George, Emerson H. George, and Charles E. George, brothers; Mrs. Sophie McBurney, a sister; and Calvin…
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Equitable petition. Before Judge Park. Morgan superior court. August 14, 1915. Mrs. Lossie George Walker brought an equitable action for partition of land, for an accounting, and for other relief, alleging, after amendment, that Calvin George, who had never married, died on March 26, 1902, leaving an estate of realty and personalty and the following heirs at law: Millard George, Emerson H. George, and Charles E. George, brothers; Mrs. Sophie McBurney, a sister; and Calvin May George and petitioner, nieces. Calvin May George •is the only child of Chesley George, who died before the death of…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. In her original petition the plaintiff sought a partition of the estate of her uncle in the hands of the defendants. Her action was brought more than ten years after the death of her uncle. The statute of limitations is not applicable to actions to recover realty; and as the petition did not disclose an adverse title by prescription to the land, the court retained the petition as one for a partition of realty. Lane v. Lane, 87 Ga. 268 (13 S. E. 335). The allegations with respect to the personalty owned by petitioner’s uncle and the defendants’ connection…
2Cases cited5 opinions
- Street v. CollierSupreme Court of Georgia · 1903
- Davis v. BoyettSupreme Court of Georgia · 1904
- Anderson v. FosterSupreme Court of Georgia · 1900
- Lane v. LaneSupreme Court of Georgia · 1891
- Palmer Manufacturing Co. v. Drewry & LavenderSupreme Court of Georgia · 1901
3Cited by1 opinion
- Military Art Novelty Co. v. FayonskySupreme Court of South Carolina · 1920