Legal Opinion

Gilmer v. Harrison

Supreme Court of Georgia

Decided April 12, 1917PublishedCited by 8 opinions

Appeal. Before Judge Wright. Chattooga superior court. March 23, 1916. B. F. Gilmer died in possession of two 'adjoining lots of land known respectively as lots 95 and 112 in the fourteenth district of the fourth section of Chattooga county. He had been twice married. Administration was granted upon his estate, and his widow applied to have a dower set apart to her out of his estate.

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Appeal. Before Judge Wright. Chattooga superior court. March 23, 1916. B. F. Gilmer died in possession of two 'adjoining lots of land known respectively as lots 95 and 112 in the fourteenth district of the fourth section of Chattooga county. He had been twice married. Administration was granted upon his estate, and his widow applied to have a dower set apart to her out of his estate. The administrator obtained an order for the sale of both lots of land, and was proceeding to sell the same when a claim to lot 95 was filed by the administratrix of the first wife of B. F. Gilmer. To the…

1Opinion of the CourtEvans, P. J.

(After stating the foregoing facts.)

1. The issues in both cases revolve around the ownership of lot 95 at the time of the death of B. F. Gilmer. The applicant for dower asserts his ownership, and the administratrix ■ of his first wife contends that it belonged to her intestate. It appeared from the evidence that Mrs. Sarah Bagby had two children, Mary and Thomas. The former was the first wife of B. F. Gilmer. After his marriage to her, Gilmer with his wife lived upon the land of Mrs. Bagby. Mrs. Bagby remained on the land until her death in 1891. After her death Mr. Gilmer and his wife…

2Cases cited3 opinions

  1. First National Bank v. CodySupreme Court of Georgia · 1894
  2. McConnell Bros. v. SlappeySupreme Court of Georgia · 1910
  3. Collins v. BoringSupreme Court of Georgia · 1895

3Cited by8 opinions

  1. Mutual Benefit Health & Accident Ass'n v. BellCourt of Appeals of Georgia · 1934
  2. Ehrlich v. MillsSupreme Court of Georgia · 1948
  3. Hicks v. RushinSupreme Court of Georgia · 1971
  4. Miles v. BlantonSupreme Court of Georgia · 1955
  5. Rogers v. EasonSupreme Court of Georgia · 1936

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