Vandigrift v. Potts
Supreme Court of Georgia
Year’s Support. Sales. Title. Husband and Wife. Equity. Before Judge Estes. White Superior Court. October Term, 1883. J. M. Yandigrift and Sallie Wheeler (formerly Yandigrift), as heirs at law of E. A. Yandigrift, deceased, brought ejectment against Charles Potts.
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Year’s Support. Sales. Title. Husband and Wife. Equity. Before Judge Estes. White Superior Court. October Term, 1883. J. M. Yandigrift and Sallie Wheeler (formerly Yandigrift), as heirs at law of E. A. Yandigrift, deceased, brought ejectment against Charles Potts. On the trial, the following facts appeared : E. A. Vandigrift died in 1861 or 1862, leaving a widow and two children (the plaintiffs), who were then between ten and thirteen years of age; the widow obtained the land in controversy to be set apart to herself and children as a year’s support; she married again in 1869 ; her second…
1Opinion of the Court
Jackson, Chief Justice.
The year’s support set apart for a widow and children was in land. Several years after it was so set apart, she married and sold the land. The children having arrived at majority, sued for their portion of the land, as heirs at law *667of the father, and as entitled to their shares of the land so set apart. The jury, under charge of the court, found against them, and from the refusal of a new trial they excepted. The question is, can they recover ?
1. We think that the marriage of the mother made a complete change of the relation of the parties and the status of the case.…
2Cases cited1 opinion
- Cleghorn v. JohnsonSupreme Court of Georgia · 1882
3Cited by7 opinions
- Swain v. StewartSupreme Court of Georgia · 1896
- Bridges v. BarbreeSupreme Court of Georgia · 1907
- Gibbs v. LandSupreme Court of Georgia · 1911
- Howard v. PopeSupreme Court of Georgia · 1899
- Boozer v. NashSupreme Court of Georgia · 1904
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