Turner v. Newell
Supreme Court of Georgia
Equitable petition. Before Judge Freeman. Carroll superior court. June 27, 1906. ‘ Fannie .E. Newell, for herself and as -next friend for several named minor children, filed a petition against W. L. Newell, the husband of petitioner, and R. F. Turner.
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Equitable petition. Before Judge Freeman. Carroll superior court. June 27, 1906. ‘ Fannie .E. Newell, for herself and as -next friend for several named minor children, filed a petition against W. L. Newell, the husband of petitioner, and R. F. Turner. The petition alleges, that on the 31st day of March, 1899, W. L. Newell executed to petitioner and said minor children a deed to a certain tract of land, but that, owing to a mistake on the part of the scrivener, the land which was sought to be conveyed by the parties to the deed was not correctly described therein; that subsequently to the…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. The question of practice raised by the motion to dismiss is; ruled in the first headnote.
2. But one question made by the record in this case need be? discussed, and that is whether equity will reform a voluntary deei upon proceedings therefor brought by the grantee. And the? principle controlling that question seems to be well settled by the? adjudications of this and other courts, and to be so recognized by text-writers. That principle is set forth in Story’s Eq. Jur., §987-“The general principle is established that in no case whatsoever will courts of equity…
2Cases cited9 opinions
- Wyche v. GreeneSupreme Court of Georgia · 1854
- Enos v. StewartCalifornia Supreme Court · 1902
- Prater v. SearsSupreme Court of Georgia · 1886
- Adair v. McDonaldSupreme Court of Georgia · 1871
- Shears v. WestoverMichigan Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Emanuel Farm Co. v. BattsSupreme Court of Georgia · 1933
- Durrence v. CowartSupreme Court of Georgia · 1925
- Gaither v. GaitherSupreme Court of Georgia · 1950
- Butler v. KendrickSupreme Court of Georgia · 1931
- Cannon v. WhiddonSupreme Court of Georgia · 1942
14 more not listed; retrieve them via the Exa API.