O'Byrne v. Feeley
Supreme Court of Georgia
Ejectment. Estates. Wills. Minors. Parties. Actions. Practice in the Superior Court. Before Judge Tompkins. Chatham Superior Court. February Term, 1878. To the report contained in the decision, it is only necessary to add the following: Pending the suit the plaintiff died, being just under twenty-one years of age. She died testate. Defendants’ counsel moved that the action be ordered to abate; the motion was overruled.
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Ejectment. Estates. Wills. Minors. Parties. Actions. Practice in the Superior Court. Before Judge Tompkins. Chatham Superior Court. February Term, 1878. To the report contained in the decision, it is only necessary to add the following: Pending the suit the plaintiff died, being just under twenty-one years of age. She died testate. Defendants’ counsel moved that the action be ordered to abate; the motion was overruled. Plaintiff’s counsel amended, so as to make the action proceed on the demise of her guardian and legal representative. To these rulings defendants excepted jpendente lite.
1Opinion of the Court
Warner, Chief Justice.
This was an action of ejectment for certain described real estate in the city of Savannah, and mesne profits. Both parties claimed title through the will of Lawrence O’Byrne, who died in 1836. The devise embracing the property in dispute is as follows, viz:
5th item. “ I give and bequeath unto my son, James Jeremiah (after paying the above named legacies), the whole of my real and personal estate, consisting of houses, lands, tenements, negroes, etc., as will appear by deeds and titles in my possession, to have and to hold the same for his use, as specified in the…
2Cited by5 opinions
- Comer v. Citizens & Southern National BankSupreme Court of Georgia · 1935
- Dean v. FeelySupreme Court of Georgia · 1883
- Jackson v. SandersSupreme Court of Georgia · 1945
- Overby v. ScarboroughSupreme Court of Georgia · 1916
- Dean v. FeeleySupreme Court of Georgia · 1881