Legal Opinion

Shiels v. Stark

Supreme Court of Georgia

Decided January 15, 1854No. 63PublishedCited by 19 opinions

In Equity in Chatham Superior Court. Tried before Judge Henry R. Jackson, May Term, 1853. Patrick K. Shiels filed his Bill on the Equity side of' the Superior Court of Chatham county, alleging, that Wyatt W. Stark and bimself became the purchasers of a tract of land at the upper or Western extremity of Eig Island, containing about forty acres. The deed was made to Starke, who subsequently, by proper deed, conveyed one undivided half to Shiels.

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In Equity in Chatham Superior Court. Tried before Judge Henry R. Jackson, May Term, 1853. Patrick K. Shiels filed his Bill on the Equity side of' the Superior Court of Chatham county, alleging, that Wyatt W. Stark and bimself became the purchasers of a tract of land at the upper or Western extremity of Eig Island, containing about forty acres. The deed was made to Starke, who subsequently, by proper deed, conveyed one undivided half to Shiels. The bill alleged that by agreement, in the conveyance from Stark to Shiels, on any subsequent division, either party was to have the benefit of any…

1Opinion of the Court

By the Court.

Lumpkin, J.,

delivering the opinion.

[1.] There is some confusion in the first assignment of error. It states that the presiding Judge, in charging the Jury by way of explaining to them what was meant by an answer in Equity being responsive to the Bill, read certain portions of the defendant’s answer, which he considered as responsive.— And this is excepted to, and is now alleged as error. In the original Bill of Exceptions, as corrected and explained by Judge Jaclcson himself, it stands thus: “ To meet the call of the argument, I stated to the Jury what was meant by an answer…

2Cases cited1 opinion

  1. Beall v. BeallSupreme Court of Georgia · 1851

3Cited by19 opinions

  1. Napier v. StrongCourt of Appeals of Georgia · 1917
  2. McCord v. Oakland Quicksilver Mining Co.California Supreme Court · 1883
  3. Lazenby v. Citizens BankCourt of Appeals of Georgia · 1917
  4. Berry v. ClarkSupreme Court of Georgia · 1903
  5. Carver v. CoffmanIndiana Supreme Court · 1887

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