Brown v. Martin
Supreme Court of Georgia
Complaint. Before Judge Frank Park. Calhoun superior court. June 5, 1911. ■ Herbert Brown and others, as remaindermen under a certain deed, brought an action- against Mrs. Madden and B. B. Martin, to declare* a forfeiture of the life-estate conveyed by the deed, and to acquire possession of the property because of alleged waste committed.
Read the full summary
Complaint. Before Judge Frank Park. Calhoun superior court. June 5, 1911. ■ Herbert Brown and others, as remaindermen under a certain deed, brought an action- against Mrs. Madden and B. B. Martin, to declare* a forfeiture of the life-estate conveyed by the deed, and to acquire possession of the property because of alleged waste committed. By the terms of the deed the property was conveyed to Mrs. Madden for life, for the comfortable maintenance of herself and children, and at her death to go to the children in fee simple. The plaintiffs are the children just referred to. The original petition…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) There is no merit in the 1st and 2d grounds of the demurrer. Acts of waste on the part of the life-tenant, of the character alleged in the petition, would give the remaindermen the right to bring an action to declare a forfeiture of the estate of the life-tenant, as provided for in the Civil Code (1910), § 3666. In view of the recital of the court in his order quoted in the statement of facts, that by agreement both parties treated the decree referred to in the petition as though it were a part thereof, the third ground of demurrer will be considered as…
2Cases cited19 opinions
- Roby v. NewtonSupreme Court of Georgia · 1905
- Powell v. CheshireSupreme Court of Georgia · 1883
- McArthur & Griffin v. Matthewson & ButlerSupreme Court of Georgia · 1881
- Saffold v. Scottish American Mortgage Co.Supreme Court of Georgia · 1896
- Clayton v. StetsonSupreme Court of Georgia · 1897
14 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Frazier v. BroylesSupreme Court of Georgia · 1916
- Wright v. ConnerSupreme Court of Georgia · 1946
- Bradley v. BurnsSupreme Court of Georgia · 1939
- Borden v. IBC CORPORATIONSupreme Court of Georgia · 1965
- Grimm v. GrimmSupreme Court of Georgia · 1922
6 more not listed; retrieve them via the Exa API.