Doe ex dem. Prescott v. Roe
Supreme Court of Georgia
Ejectment and nonsuit, in Dooly Superior Court. Before Judge Lamar, April, 1859. Upon the trial of this case, plaintiff offered and read in evidence a copy grant from the State, for the premises in dispute, to Patrick Prescott, dated 23dMarch, 1824; then a certified copy from the records of the Inferior Court of Richmond county, proving the marriage of said Patrick, to Sarah Bush.
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Ejectment and nonsuit, in Dooly Superior Court. Before Judge Lamar, April, 1859. Upon the trial of this case, plaintiff offered and read in evidence a copy grant from the State, for the premises in dispute, to Patrick Prescott, dated 23dMarch, 1824; then a certified copy from the records of the Inferior Court of Richmond county, proving the marriage of said Patrick, to Sarah Bush. Marriage solemnized 12th Nov., 1818 ; plaintiff then proved that Prescott died in 1824 or 1825, in the city of Augusta? Georgia, leaving no child or children living at his death, but his widow, the said Sarah…
1Opinion of the Court
— Benning J.
By the Court.
delivering the opinion.
Was the Court below right, in granting the nonsuit?
Two grounds for the nonsuit, were insisted on. The first was, that Pace had not reduced the land to possession, when his wife died, and, that he had not administered on her esiate since her death.
But we think, that an administration by him, on her estate, was not necessary in order to make the land his. We think, that the marriage made the land, his. The language of the Act of 1789, on the subject, is; “and, in cases of intermarriage since the 22d day of February, 1785, the real estate belonging…
2Cited by5 opinions
- Street v. CollierSupreme Court of Georgia · 1903
- DeVaughn v. McLeroySupreme Court of Georgia · 1889
- Hudgins v. ChuppSupreme Court of Georgia · 1898
- Mercier v. MercierSupreme Court of Georgia · 1871
- Doane v. BlackSupreme Court of Georgia · 1909