Pound v. Smith
Supreme Court of Georgia
Equitable petition. Before Judge Park. Hancock superior court. January 26, 1916. Misses Treasie and Acquillian Smith filed their petition against J. M. Pound, as administrator of the estate of their brother, John T. Smith, in which they prayed for reformation, specific performance, injunction, and general relief. The defendant filed his answer, and also a demurrer. The demurrer was sustained as- to certain grounds, but as to others it was overruled.
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Equitable petition. Before Judge Park. Hancock superior court. January 26, 1916. Misses Treasie and Acquillian Smith filed their petition against J. M. Pound, as administrator of the estate of their brother, John T. Smith, in which they prayed for reformation, specific performance, injunction, and general relief. The defendant filed his answer, and also a demurrer. The demurrer was sustained as- to certain grounds, but as to others it was overruled. The court allowed the plaintiffs to amend their petition. Upon the trial a verdict was returned awarding to the plaintiffs one of the two tracts…
1Opinion of the CourtGilbert, J.
(After stating the foregoing facts.) All that portion of the plaintiffs’ petition and of the prayers thereof which sought to reform the deeds from Pound to John T. Smith was stricken on demurrer, and properly so, because it was not alleged that the agreement between the plaintiffs and their brother was concurred in by Pound, the vendor from whom they purchased the land. Civil Code (1910), § 4579.
1. It can not be determined definitely from the language of the judgment on the demurrer whether the allegations and the prayer with reference to decreeing title to the lands in the plaintiffs for…
2Cases cited3 opinions
- Georgia Northern Railway Co. v. Hutchins & JenkinsSupreme Court of Georgia · 1904
- Copeland v. CheneySupreme Court of Georgia · 1902
- Baxter & Co. v. CampSupreme Court of Georgia · 1906
3Cited by35 opinions
- Jasper School District v. GormleySupreme Court of Georgia · 1937
- Jackson v. JacksonSupreme Court of Georgia · 1920
- Broderick v. ReidSupreme Court of Georgia · 1927
- Bernstein v. FagelsonSupreme Court of Georgia · 1928
- Matson v. CroweSupreme Court of Georgia · 1942
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