Glore v. Scroggins
Supreme Court of Georgia
Complaint for land. Before Judge Gober. Cobb superior court.. March 14, 1905. Glore and others brought their action against Mrs. Scroggins,, to recover certain land.
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Complaint for land. Before Judge Gober. Cobb superior court.. March 14, 1905. Glore and others brought their action against Mrs. Scroggins,, to recover certain land. They alleged, that George W. Glore was the owner of the land, and died in 1863 (?), testate; that they were remaindermen under the will and also were his heirs, and represented and owned the interests of all the heirs; that the life-tenant under the will had sought to convey the land; that the purchaser under her had taken possession, and that she died in 1903.. The plaintiff prayed to recover the land and mesne profits.…
1Opinion of the CourtLuMPKiN, J.
(After stating the foregoing facts.) 1. Between two things so widely different as a tub and a will a certain analogy is disclosed in the trite and homely saying that “every tub must stand upon its own bottom.” This idea was expressed by Jackson, Chief Justice, when he said: “Every will is a thing to. itself. It-is emphatically not only sui juris but mi generis. Its terms are its own law, and the application of that law by construction of itself — of the statute which the testator himself enacted, to the contestants for its bounty, is the plain duty of the court.” Olmstead v. Dunn, 72 Ga. 855,…
2Cases cited16 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Sumpter v. CarterSupreme Court of Georgia · 1902
- Mansfield v. SheltonSupreme Court of Connecticut · 1896
- Oliver v. PowellSupreme Court of Georgia · 1902
- Olmstead v. DunnSupreme Court of Georgia · 1884
11 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Crossley v. LeslieSupreme Court of Georgia · 1908
- Armstrong v. MertsSupreme Court of Georgia · 1947
- Happy Valley Farms Inc. v. WilsonSupreme Court of Georgia · 1941
- Armstrong Junior College Commission v. LiveseySupreme Court of Georgia · 1940
- Evans v. BrownSupreme Court of Georgia · 1943
20 more not listed; retrieve them via the Exa API.