Wheeler v. Martin
Supreme Court of Georgia
Claim. Before Judge Fite. Bartow superior court. July 24, 1915. Dewitt Martin executed a promissory note to L. Y. Martin, or bearer, which was negotiated several times by indorsement, and finally went into the hands of the Citizens Bank of Kingston. An action was instituted by the bank against the maker and the several indorsers, in the city court of Cartersville. A judgment was rendered in favor of the plaintiff for the principal, interest, attorney’s fees, and cost.
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Claim. Before Judge Fite. Bartow superior court. July 24, 1915. Dewitt Martin executed a promissory note to L. Y. Martin, or bearer, which was negotiated several times by indorsement, and finally went into the hands of the Citizens Bank of Kingston. An action was instituted by the bank against the maker and the several indorsers, in the city court of Cartersville. A judgment was rendered in favor of the plaintiff for the principal, interest, attorney’s fees, and cost. J. L. Wheeler, who was one of the indorsers, paid off the bank and became transferee of the fi. fa., and caused it to be…
1Opinion of the CourtAtkinson, J.
1. The claimant attacked the validity of the judgment on which the execution was based. The plaintiff denied that she had sufficient interest to authorize her to attack the judgment. Certain deeds were admitted in evidence, in which F. M. Martin, the father of the claimant and the defendant in fi. fa., was named as trustee for his then minor children, naming them, “and any other child or children he may have born unto him in lawful wedlock.” After conferring certain powers, there was another provision in each of the deeds that if the trustee died while possessed of the property, “the said…
2Cases cited15 opinions
- Hobby v. BunchSupreme Court of Georgia · 1889
- Robinson v. SchlySupreme Court of Georgia · 1849
- Wade & Co. v. HamiltonSupreme Court of Georgia · 1860
- New England Mortgage Security Co. v. WatsonSupreme Court of Georgia · 1896
- Rowland v. Gregg & SonSupreme Court of Georgia · 1905
10 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Eslinger v. HerndonSupreme Court of Georgia · 1924
- Haynes v. Armour Fertilizer WorksSupreme Court of Georgia · 1917
- Green v. SpiresSupreme Court of Georgia · 1940
- Harris Orchard Co. v. TharpeSupreme Court of Georgia · 1933
- Smith v. FrancisSupreme Court of Georgia · 1965
28 more not listed; retrieve them via the Exa API.