Welchel v. Thompson
Supreme Court of Georgia
Partition. Waiver. Former recovery. Before Judge Davis. Hall Superior Court. September Term, 1868. In September, 1868, Thompson filed a petition for the partition of certain land between himself and Welchel. Welchel plead that the land had already been partitioned between them and that each had taken possession of his part pursuant to said partition, and had so held possession for six years.
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Partition. Waiver. Former recovery. Before Judge Davis. Hall Superior Court. September Term, 1868. In September, 1868, Thompson filed a petition for the partition of certain land between himself and Welchel. Welchel plead that the land had already been partitioned between them and that each had taken possession of his part pursuant to said partition, and had so held possession for six years. From the evidence it appeared, that in 1862, by order of the Court, commissioners had been appointed to partition said land between Thompson and Welch el’s wife, who was then represented by Bramlet, as…
1Opinion of the CourtMcCay, J.
1. The pendency of the first application ought to have been pleaded in abatement. By going to trial on the merits this plea was waived, and the defendant below could not take advantage of it on the trial. Code, secs. 2843, 3404. We do not think there was anything in this point.
2. There was very strong proof that there had been a previous division of this land by commissioners appointed by the Court, under a partition similar to the present. That return was never actually carried to the Court, and made the judgment of the Court, but there was a good deal of proof that the present movant…
2Cited by10 opinions
- Betts v. WardSupreme Court of Alabama · 1916
- Ex Parte DunlapSupreme Court of Alabama · 1923
- Dykes v. McVaySupreme Court of Georgia · 1880
- Smith v. SmithSupreme Court of Georgia · 1909
- Berry v. SeawallCourt of Appeals for the Sixth Circuit · 1895
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