Graham v. Graham
Supreme Court of Georgia
Complaint for land. Before Judge Meadow. Madison superior court. November 2, 1910. Alexander Graham instituted complaint for land against Mary A. Graham. The defendant admitted possession, but denied the plaintiff’s title.
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Complaint for land. Before Judge Meadow. Madison superior court. November 2, 1910. Alexander Graham instituted complaint for land against Mary A. Graham. The defendant admitted possession, but denied the plaintiff’s title. By amendment to her plea, the defendant set up: that she and the plaintiff were brother and sister, and the plaintiff claimed title under a pretended deed which was signed by Mary E. Graham, their mother; that the consideration of the deed was a promise of the plaintiff to live with and support his mother for the rest of her life, and bury her when dead; that after the deed…
1Opinion of the CourtAtkinson, J.
1. If a party is sued at law and lias a legal defense, he must avail himself of it at law pending the suit, and can not after-wards ask for relief, unless he was prevented from so pleading his defense by fraud, accident, or the act of the adverse party, unmixed with negligence on his part. Thomason v. Fannin, 54 Ga. 361 (2). See also Civil Code, § 4585; Pollock v. Gilbert, 16 Ga. 398 (60 Am. D. 732); Moore v. Gill, 43 Ga. 388; Brown v. Boynton, 69 Ga. 754; McCall v. Fry, 120 Ga. 661 (48 S. E. 200).(a) Accordingly, in an action of complaint for land by one claiming title under a deed, a copy…
2Cases cited5 opinions
- McCall v. FrySupreme Court of Georgia · 1904
- McCarthy v. LazarusSupreme Court of Georgia · 1911
- Moore v. GillSupreme Court of Georgia · 1871
- Pollock v. GilbertSupreme Court of Georgia · 1854
- Thomason v. FanninSupreme Court of Georgia · 1875
3Cited by11 opinions
- Beddingfield v. Old National Bank & Trust Co.Supreme Court of Georgia · 1932
- Johnson v. StevensCourt of Appeals of Georgia · 1917
- Hamlin v. JohnsSupreme Court of Georgia · 1928
- Southern Railway Co. v. LoweSupreme Court of Georgia · 1913
- Milner v. AllgoodSupreme Court of Georgia · 1937
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