Powell v. Powell
Supreme Court of Georgia
In equity, in Marion Superior Court. Tried before Judge Wo mull, at September Term, 1858. This was a bill filed by Josiah C. Powell, against James L. Powell and Martin L. Bivins, for the purpose of correcting a mistake in deeds.
Read the full summary
In equity, in Marion Superior Court. Tried before Judge Wo mull, at September Term, 1858. This was a bill filed by Josiah C. Powell, against James L. Powell and Martin L. Bivins, for the purpose of correcting a mistake in deeds. The bill states, that at the sale of the estate of William Powell, deceased, made by complainant and Bivins, as executors of said William, the south half of lot of land No. 157, in the 32d district of Marion county, was purchased by Nancy Powell, the widow of testator, and mother of complainant ; that by mistake, said land was described in the deed of conveyance made…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
Was the charge of the Court, right ? The charge was as follows: “That complainant was entitled to have said mistake corrected and the deed reformed, although the consideration was voluntary.”
The deed here meant was doubtless, the deed made by Mrs. Powell to Josiah C. Powell the complainant. The real parties to the question, were this Josiah C. Powell, a child of Mrs. Powell, as plaintiff, and the other children of *38Mrs. Powell, as defendants, the latter, represented by her administrator. She died intestate. And it was conceded, that if Josiah…
2Cited by9 opinions
- Turner v. NewellSupreme Court of Georgia · 1907
- Enos v. StewartCalifornia Supreme Court · 1902
- Triesback v. TylerSupreme Court of Florida · 1911
- Moore v. SegarsSupreme Court of Georgia · 1941
- Perkins v. KeithSupreme Court of Georgia · 1863
4 more not listed; retrieve them via the Exa API.