Folsom v. Howell
Supreme Court of Georgia
Equitable petition. Before Judge Lumpkin. Fulton superior court. September term, 1893. Folsom filed Ms petition against Howell and "Woodward as administrators of Clark Howell, and Alexander and Mims, to reform a deed, and for other purposes. A demurrer was interposed by the administrators, for want of a cause of action, and for misjoinder of parties defendant.
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Equitable petition. Before Judge Lumpkin. Fulton superior court. September term, 1893. Folsom filed Ms petition against Howell and "Woodward as administrators of Clark Howell, and Alexander and Mims, to reform a deed, and for other purposes. A demurrer was interposed by the administrators, for want of a cause of action, and for misjoinder of parties defendant. Hpon the hearing the court ordered that the petition be dismissed as to the administrators, unless the plaintiff should, by appropriate amendments filed within thirty days, make the same good in law. No-exception was taken to this…
1Opinion of the Court
Simmons, Justice.
The facts material to an understanding of the case' appear in the official report. The head-notes read in connection with these facts, will be sufficiently understood without further elaboration. In support of the principle ruled in the second head-note, see 2 Warvelle on Vendors, 973, 974. Judgment reversed, with direction.
2Cited by44 opinions
- McKinnon v. JohnsonSupreme Court of Florida · 1909
- Livingston v. BarnettSupreme Court of Georgia · 1942
- Smith v. BuggCourt of Appeals of Georgia · 1926
- Perkins v. First National BankSupreme Court of Georgia · 1965
- Brannen v. BrannenSupreme Court of Georgia · 1911
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