Jordan v. Faircloth
Supreme Court of Georgia
In Equity. Decision on demurrer, in Dougherty Superior Court, by Judge Allen, at November Term, 1858. This was a bill in equity, filed by Lessoms Faircloth, in his own right, and as guardian, against Leonidas A. Jordan, administrator of Benjamin S. Jordan, deceased.
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In Equity. Decision on demurrer, in Dougherty Superior Court, by Judge Allen, at November Term, 1858. This was a bill in equity, filed by Lessoms Faircloth, in his own right, and as guardian, against Leonidas A. Jordan, administrator of Benjamin S. Jordan, deceased. The bill states, that at the-Term of Baker Superior Court, he commenced his action against Benjamin S. Jordan, of Baldwin county, for the recovery of lot of land No. 316, in the 2d district of then Baker, but now Dougherty county, and at the May Term, 1855, the same came on to be tried, and a verdict was rendered for the…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The Court below overruled the motion to dismiss the bilL *376for want of equity. The first question, therefore, is, whether there was equity in the bill ?
The grounds of the motion, as urged here, were three.
1. That the title of the complainants, if they had any, was a title they might assert at law.
2. That what was relied on by the complainants’ as title, was no title, either at law or in equity, because it had once been asserted at law, and been adjudged there, to be no title.
3. That if it had ever been a title, it was now barred by the statute of…
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