Loveless v. Strickland
Supreme Court of Georgia
Claim. Husband and wife. Before Judge Bice. Gwinnett Superior Court. March Term, 1878. Beported in the opinion. cited as follows : Sale of wife’s property void, Code, §1783; 54 Ga., 543; 57 II)., 207. Claimant not bound to show notice, 1 Chit. PL, 222, 223. Equitable interest of claimant, Code, §§2316, 3082, 3562; 30 Ga., 96; ITill on Trustees, 92; Code, §3194. Fonb. Eq., 340; Adam’s Eq , 151-2; 55 Ga., 445 ; Code, §3119 ; 2 Story’s Eq.
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Claim. Husband and wife. Before Judge Bice. Gwinnett Superior Court. March Term, 1878. Beported in the opinion. cited as follows : Sale of wife’s property void, Code, §1783; 54 Ga., 543; 57 II)., 207. Claimant not bound to show notice, 1 Chit. PL, 222, 223. Equitable interest of claimant, Code, §§2316, 3082, 3562; 30 Ga., 96; ITill on Trustees, 92; Code, §3194. Fonb. Eq., 340; Adam’s Eq , 151-2; 55 Ga., 445 ; Code, §3119 ; 2 Story’s Eq. Jur., §788-9 ; 54 Ga., 690 ; 48 II)., 559-60 ; 1 Bright on Hus. and W., 233-4. cited 56 Ga., 22; Code, §3586.
1Opinion of the Court
Jackson, Justice.
James W. Loveless bought a tract of land at the price of $1,500.00, paying $750.00 therefor, and getting Strickland to pay the balance of the purchase money, and to take the deed to the land to secure him. Strickland gave Loveless a bond to make titles on his paying him the balance of the purchase money, and on his failure to pay recovered judgment, made Loveless title under the statute, and levied the fi. fa. upon the land. Whereupon Mrs. Loveless set up an equitable claim to seven hundred and iifty dollars’ worth of the land, on the ground that hers was the $750.00 her…
2Cases cited1 opinion
- Boyd v. ChappellSupreme Court of Georgia · 1876
3Cited by1 opinion
- W. T. Rawleigh Company v. OverstreetCourt of Appeals of Georgia · 1944