Legal Opinion

Smith v. Estes

Supreme Court of Georgia

Decided May 16, 1907PublishedCited by 13 opinions

Practice in the Supreme Court. Maria L. Smith, formerly Freeman, brought an equitable .petition against T. W. Estes, T. W. Estes as administrator of Francis Freeman, and W. G. Park as administrator of Jemima Freeman, for the cancellation of a deed from the petitioner to Francis Freeman, executed September 18, 1876, and the reformation of two other deeds, one from Jemima Freeman to T. W. Estes, executed April 24, 1894, and one from W. G. Park, as administrator of Jemima…

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Practice in the Supreme Court. Maria L. Smith, formerly Freeman, brought an equitable .petition against T. W. Estes, T. W. Estes as administrator of Francis Freeman, and W. G. Park as administrator of Jemima Freeman, for the cancellation of a deed from the petitioner to Francis Freeman, executed September 18, 1876, and the reformation of two other deeds, one from Jemima Freeman to T. W. Estes, executed April 24, 1894, and one from W. G. Park, as administrator of Jemima Freeman, to the said Estes, executed March 24, 1901, and for the recovery from Estes of an undivided one-half interest in the…

1Opinion of the CourtFish, C. J.

(After stating the facts.)

It is clear, from a consideration of the foregoing statement of facts, that the bill of exceptions in this case was prematurely sued *370out, as there had been no final disposition of the main case, and the collateral issue of forgery raised by the plaintiff as to a deed held by the defendant, Estes, if it had been determined as plaintiff in error contends it should have been, would not have finally disposed of the main case. If the deed which she attacked as a forgery was, as she alleged, not the deed which she claimed she was fraudulently induced to execute, then it is…

2Cases cited8 opinions

  1. Ross v. MercerSupreme Court of Georgia · 1902
  2. Fugazzi, Lovelace & Co. v. TomlinsonSupreme Court of Georgia · 1904
  3. Ray v. AndersonSupreme Court of Georgia · 1903
  4. McElroy v. StateSupreme Court of Georgia · 1905
  5. Jones v. DanielSupreme Court of Georgia · 1899

3 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Vanzant v. First National BankSupreme Court of Georgia · 1927
  2. Carhart v. MackleCourt of Appeals of Georgia · 1918
  3. Irby v. IrbySupreme Court of Georgia · 1929
  4. Lester v. WrightSupreme Court of Georgia · 1916
  5. Walker v. WalkerSupreme Court of Georgia · 1918

8 more not listed; retrieve them via the Exa API.

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