Brown v. Watters
Supreme Court of Georgia
Homestead. Estoppel. Equity. Practice in the Superior Court. Before Judge Hall. Henry Superior Court. October Term, 1877. Watters and wife brought their bill against Brown to recover homestead property which they had sold and conveyed, with the consent of the ordinary, to him. They claimed, also, rent for the place. Defendant had paid a part of the purchase money, taxes, etc. — the amount of such payments was a question in controversy.
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Homestead. Estoppel. Equity. Practice in the Superior Court. Before Judge Hall. Henry Superior Court. October Term, 1877. Watters and wife brought their bill against Brown to recover homestead property which they had sold and conveyed, with the consent of the ordinary, to him. They claimed, also, rent for the place. Defendant had paid a part of the purchase money, taxes, etc. — the amount of such payments was a question in controversy. Defendant moved to dismiss the bill on the ground that complainants were estopped from attacking their written conveyance, no allegation of fraud being made.…
1Opinion of the Court
Warner, Chief Justice.
This was a bill filed by the complainants against the defendant on the equity side of the court, under the provis*25ions of the act of 1876, to recover back certain described homestead property which had been sold by the complainants to the defendant with the approval of the ordinary. On the trial of the case, the jury found a verdict for the complainants. A motion was made for a new trial on the grounds therein stated, which was overruled, and defendant excepted.
1. There was no error in holding, that the complainants were not estopped from recovering the- homestead land…
2Cited by1 opinion
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