Sharp v. Findley
Supreme Court of Georgia
Charge of Court. Infants. Evidence. New trial. Be.fore Judge Hall. Monroe Superior Court. February Adjourned Term, 1S76. , On January 6th, 1862, Coleman G. Goodwyn died testate, leaving a widow and five children, to wit: John C. Goodwyn, Amanda P. Talmadge, Mary A. Goodwyn, now Ferguson, Tullía P. Goodwyn, now Findley, and Puss C. Goodwyn, now Freeman.
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Charge of Court. Infants. Evidence. New trial. Be.fore Judge Hall. Monroe Superior Court. February Adjourned Term, 1S76. , On January 6th, 1862, Coleman G. Goodwyn died testate, leaving a widow and five children, to wit: John C. Goodwyn, Amanda P. Talmadge, Mary A. Goodwyn, now Ferguson, Tullía P. Goodwyn, now Findley, and Puss C. Goodwyn, now Freeman. By the fifth item of his will, he devised, in substance, as follows : When all his children have become of age, or married, he gives the land on the other side of Todd’s creek, in equal parts, to his daughters Tullía P., Amanda P., and Mary A.,…
1Opinion of the Court
Bleckley, Judge.
The court granted a new trial. The genei’al question for our decision is, whether there was an abuse of discretion in so doing. We need not examine all the grounds embraced in the motion. The case is so emphatically a complication, that the court was quite justifiable in overhauling it by another trial. There was certainly ex-ror in the charge, so far as it recognized the possibility of estoppel upon the minors by the knowledge of their rights, with presence at or near the place of sale, and failure to make known their objections. There was no evidence that they knew their…
2Cases cited9 opinions
- Whittington v. Doe ex dem. WrightSupreme Court of Georgia · 1850
- Nicholson v. Wilborn & McWhorterSupreme Court of Georgia · 1853
- Groce v. FieldSupreme Court of Georgia · 1853
- Burns v. HillSupreme Court of Georgia · 1855
- Groover v. KingSupreme Court of Georgia · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Parrish v. RigellSupreme Court of Georgia · 1936
- Sharp v. FindleySupreme Court of Georgia · 1884
- Sanders v. HintonSupreme Court of Georgia · 1931
- Mize v. HarberSupreme Court of Georgia · 1940
- Gentle v. Georgia Power Co.Supreme Court of Georgia · 1934
5 more not listed; retrieve them via the Exa API.