Brooks v. Rawlings
Supreme Court of Georgia
Equitable petition. Before Judge Walker. Washington superior court. March 10, 1911. Isabella J. Brooks, Ella Nora Brooks, and Leon Brooks filed their petition against Charles G. Eawlings, and alleged as follows: They were owners, as tenants in common, of two tracts of land. They owed money to various .persons, including the defendant, and were being sued by some of their creditors.
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Equitable petition. Before Judge Walker. Washington superior court. March 10, 1911. Isabella J. Brooks, Ella Nora Brooks, and Leon Brooks filed their petition against Charles G. Eawlings, and alleged as follows: They were owners, as tenants in common, of two tracts of land. They owed money to various .persons, including the defendant, and were being sued by some of their creditors. They appealed to the defendant for a loan sufficient to pay off their debts. . He agreed to make the loan, but informed plaintiffs that it would be necessary for them to execute and deliver to him an absolute deed…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) To the judgment of the court overruling the demurrer to the petition in this case no exception was taken. It was, therefore, a conclusive determination that a right of action existed in favor of the plaintiffs, and they, subsequently to the overruling of the demurrer, having substantially proved their ease as laid, were entitled to recover. The grant of a nonsuit was therefore reversible error. In the ease of Sims v. Georgia Railway & Electric Co., 123 Ga. 643 (51 S. E. 573), it is said: “The right of the plaintiff to recover upon proof of the allegations…
2Cases cited6 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Georgia Northern Railway Co. v. Hutchins & JenkinsSupreme Court of Georgia · 1904
- Sims v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1905
- Mills v. Western Union Telegraph Co.Supreme Court of Georgia · 1905
- Hollis v. NelmsSupreme Court of Georgia · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Reserve Life Insurance Co. v. AyersSupreme Court of Georgia · 1961
- Phinizy v. PhinizySupreme Court of Georgia · 1922
- Tompkins v. American Land Co.Supreme Court of Georgia · 1913
- Turner v. WillinghamSupreme Court of Georgia · 1918
- Pierpont Mfg. Co. v. Mayor of SavannahSupreme Court of Georgia · 1922
24 more not listed; retrieve them via the Exa API.