Basch v. Frankenstein
Supreme Court of Georgia
Equitable petition. Before Judge Charlton. Chatham superior court. The plaintiff prayed for injunction, reformation of a deed, a decree that she have and receive an undivided one-half interest in the land described in the petition, an accounting for rents, and other equitable relief.
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Equitable petition. Before Judge Charlton. Chatham superior court. The plaintiff prayed for injunction, reformation of a deed, a decree that she have and receive an undivided one-half interest in the land described in the petition, an accounting for rents, and other equitable relief. To the petition the defendants filed a demurrer on the following grounds: “1. No cause for relief of any kind is set forth in the petition. 2. It appears by the allegations of the petition that petitioner is not entitled to the remedies sought for or any of them. 3. The claim set up by petitioner is barred, and…
1Opinion of the CourtHolden, J.
(After stating the foregoing facts.) We think the court committed no error in dismissing the petition on the demurrer thereto. The able opinion rendered by the presiding judge, Hon. Walter G-. Charlton, hereinbefore copied, clearly and forcibly sets forth sound reasons why the plaintiff should not be permitted to maintain this action. As therein pointed out, it is not shown from the petition that the plaintiff lias not at all times known that her grandfather gave the $2,000 to her father for the benefit of herself and her sister. 111 she knew this in 1872, no excuse is offered why she did not…
2Cases cited2 opinions
- Reynolds & Hamby Estate Mortgage Co. v. MartinSupreme Court of Georgia · 1902
- Baker v. BakerSupreme Court of Georgia · 1910
3Cited by6 opinions
- Wallace v. MizeSupreme Court of Georgia · 1922
- Richards v. RichardsSupreme Court of Georgia · 1953
- Aken v. BullardSupreme Court of Georgia · 1910
- Southern Railway Co. v. LancasterSupreme Court of Georgia · 1919
- Parker v. FisherSupreme Court of Georgia · 1950
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