Mize v. Bank of Whigham
Supreme Court of Georgia
Action for partition. Before Judge Frank Park. Decatur superior court. May 10, 1911. The Bank of Whigham, a corporation, instituted proceedings against F. A. Mize individually, and G. W. White as custodian in bankruptcy of Oliver & Mize (a firm of which F. A. Mize was a member), for the partition of certain described land.
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Action for partition. Before Judge Frank Park. Decatur superior court. May 10, 1911. The Bank of Whigham, a corporation, instituted proceedings against F. A. Mize individually, and G. W. White as custodian in bankruptcy of Oliver & Mize (a firm of which F. A. Mize was a member), for the partition of certain described land. It was alleged that F. A. Mize and petitioner were tenants in common of the land, as evidenced by deeds from F. A. Mize to A. D. Oliver and from A. D. Oliver to plaintiff. White, as trustee in bankruptcy of the firm of Oliver & Mize, was custodian of the interest in the…
1Opinion of the CourtAtkinson, J.
1. This was a statutory proceeding for partition under the Civil Code, § 5358 et seq. The notice filed with the petition called upon the defendants to show cause before the judge at chambers on the 30th day of March, 1911, etc. On that 'day the original answer was filed, and also the plaintiff’s demurrer. The judge thereupon entered an order reciting the facts and setting the case to be heard at the May term of court. The case came on to be heard at that term, and on the 9th day of May, after consideration, the judge stated that he would sustain the demurrer to certain paragraphs of the…
2Cases cited3 opinions
- Mashburn & Co. v. Dannenberg Co.Supreme Court of Georgia · 1903
- Harrell v. National Bank of CommerceSupreme Court of Georgia · 1907
- Harris v. EvansSupreme Court of Georgia · 1910
3Cited by5 opinions
- Sutton v. FordSupreme Court of Georgia · 1916
- Few v. PouCourt of Appeals of Georgia · 1924
- Bleckley v. RobertsonSupreme Court of Georgia · 1942
- Wager v. Carrollton BankSupreme Court of Georgia · 1926
- Carrollton Bank v. WagerSupreme Court of Georgia · 1929