Legal Opinion
Emhart Corp. v. McLarty
Supreme Court of Georgia
Decided July 9, 1970No. 25863PublishedCited by 16 opinions
1Opinion of the Court
Nichols, Justice.
In a case seeking the cancellation of a deed, all parties, to such deed are necessary parties and the absence of such a material party is a fatal defect. See Sowell v. Sowell, 212 Ga. 351 (92 SE2d 524); Jackson v. Watts, 223 Ga. 70 (154 SE2d 195). Accordingly, since the Port Development Corporation, the grantee in the deed from Mrs. Emmie B. McLarty, was the only party to such deed named as a party in the present case, the trial court did not err in dismissing the petition as to Port Development Corporation.
Under decisions exemplified by Tatum v. Leigh, 136 Ga. 791 (72 SE…
2Cases cited4 opinions
- Sowell v. SowellSupreme Court of Georgia · 1956
- Tatum v. LeighSupreme Court of Georgia · 1911
- Lamar v. AllisonSupreme Court of Georgia · 1897
- Jackson v. WattsSupreme Court of Georgia · 1967
3Cited by16 opinions
- Fed. Sec. L. Rep. P 97,862 G. A. Thompson & Co., Inc. v. Herbert Partridge, Robert M. Presley, Frank Andrews and C. Thomas MurphyCourt of Appeals for the Fifth Circuit · 1981
- Abbott Foods of Georgia, Inc. v. ELBERTON POULTRY COMPANY, INC.Court of Appeals of Georgia · 1985
- Guhl v. TuggleSupreme Court of Georgia · 1978
- Smith v. Merchants & Farmers BankSupreme Court of Georgia · 1970
- Clover Realty Co. v. J. L. Todd Auction Co.Supreme Court of Georgia · 1977
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