Murray v. Sells
Supreme Court of Georgia
Ejectment. Homestead. Trust. Mistake, Amendment, Equity. Charge of Court. Estoppel. New trial. Before Bichare H. Clark, Esq., Judge pro hac viee. Fulton Superior Court.
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Ejectment. Homestead. Trust. Mistake, Amendment, Equity. Charge of Court. Estoppel. New trial. Before Bichare H. Clark, Esq., Judge pro hac viee. Fulton Superior Court. October Term, 1873. Holmes Sells, for the use of his wife, Amy H. Sells, and minor child, John D. Sells, brought complaint against Wiley O’Shields, tenant in possession, for the recovery of' a tract of land lying in the city of Atlanta, known as that portion of the A; J. Orme subdivision of block number one hundred and forty-six, in the original land lot number fifty-one, in the fourteenth district of originally Henry, now…
1Opinion of the Court
McCay, Judge.
1. If the truth of this case is as claimed by the defendant in error; if honestly and fairly, his homestead was laid off out of his own property, and it -was sold and the proceeds disposed of as he claims, and with the object and intent he claims, and by reason of the mistake of his agent, the formal title ■was made to Mrs. Sells, and the plaintiff in error bought it with full notice of the facts, it is eminently just that Sells, who had no partin the firm.of Rondeau & Company, and who, *268by this mistake, would lose his land, should be protected, especially against the plaintiff in…
2Cited by13 opinions
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- Cit. Bk. of Darlington v. McDonaldSupreme Court of South Carolina · 1943
- Williams v. PurcellSupreme Court of Oklahoma · 1914
- Jones v. McPhillipsSupreme Court of Alabama · 1886
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