McPhaul v. McPhaul
Supreme Court of Georgia
Application for dower. Before Judge Eve. Worth superior court. August 16, 1919. Mrs. Anna L. McPhaul, the widow of J. G. McPhaul, who died on October 39, 1917, made application for dower. The executor under the will of J. G. McPhaul, and other defendants in error, filed objections to the setting aside of dower as prayed.
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Application for dower. Before Judge Eve. Worth superior court. August 16, 1919. Mrs. Anna L. McPhaul, the widow of J. G. McPhaul, who died on October 39, 1917, made application for dower. The executor under the will of J. G. McPhaul, and other defendants in error, filed objections to the setting aside of dower as prayed. TJpon the trial the case was submitted to the judge without the intervention of a jury, upon an agreed statement of facts as follows: John G. McPhaul, a resident of Worth County, Georgia, died in said county on October 39, 1917, leaving surviving him certain children and the…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing-facts.) The decision in the case of Harris v. Powers, 129 Ga. 74 (58 S. E. 1038, 12 Ann. Cas. 475), and the cases which are there cited, quoted from and discussed, render unnecessary any lengthy discussion of the controlling issue in the case at bar. The opinion in Hams v. Powers contains a lengthy and elaborate discussion of the main issue here involved, and a mere repetition of that discussion would be without profit. But the following lays down a doctrine directly applicable to the issues in this case, and for that reason we make the following quotation from…
2Cases cited13 opinions
- Harris v. PowersSupreme Court of Georgia · 1907
- Ferris v. Van Ingen & Co.Supreme Court of Georgia · 1899
- Pitts v. MaierSupreme Court of Georgia · 1902
- Raley v. RossSupreme Court of Georgia · 1877
- Pirkle v. Equitable Mortgage Co.Supreme Court of Georgia · 1896
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3Cited by3 opinions
- Fuller v. FullerSupreme Court of Georgia · 1961
- Hill v. SmithSupreme Court of Georgia · 1926
- Cook v. First National BankSupreme Court of Georgia · 1924