Ashburn v. Graves
Court of Appeals for the Fifth Circuit
Appeal and Cross-Appeal from the Circuit Court of the United States for the Southern District of Georgia. This is a suit in equity by Jennie L. Graves, Minnie C. Graves, and Ida Graves, citizens of New York, against H. T. Crawford, William McMullin, John BÍcMullin, W. W. Ashburn, and John W. Hightower, citizens of Georgia.
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Appeal and Cross-Appeal from the Circuit Court of the United States for the Southern District of Georgia. This is a suit in equity by Jennie L. Graves, Minnie C. Graves, and Ida Graves, citizens of New York, against H. T. Crawford, William McMullin, John BÍcMullin, W. W. Ashburn, and John W. Hightower, citizens of Georgia. The property involved in the suit is real estate situated in the Eighth district of Colquitt county, Ga., described as lots numbered 353, 354, 383, and 384, containing 1,960 acres, worth $10,000. The bill shows that Eli Graves acquired the title from the state of Georgia;…
1Opinion of the CourtShelby, Circuit Judge
Under rule 25 of this court the appeal and cross-appeal have been argued together as one case. Bucki v. Atlantic Lumber Company, 93 Fed. 765, 35 C. C. A. 590.
The appellant, Ashburn, assigns that the court below erred in overruling his demurrer. One of the grounds of demurrer was that there was no equity in the bill; that the complainants’ remedy at law was ample and complete.
The only mention of Ashburn in the bill is in the sixteenth paragraph, which we have copied in full in the statement of the case. The averments, in brief, are that McIntyre, one of the complainants’ attorneys, convej^ed…
Also in this document: Per curiam.
2Cases cited13 opinions
- Hannewinkle v. GeorgetownSupreme Court of the United States · 1873
- United States v. WilsonSupreme Court of the United States · 1886
- Pixley v. HugginsCalifornia Supreme Court · 1860
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- Rich v. BraxtonSupreme Court of the United States · 1895
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3Cited by5 opinions
- Guaranty Trust Co. of New York v. HenwoodCourt of Appeals for the Eighth Circuit · 1936
- Buchanan Co. v. AdkinsCourt of Appeals for the Fourth Circuit · 1909
- Roxana Petroleum Corp. v. ColquittDistrict Court, W.D. Texas · 1929
- Southern Ry. Co. v. City of GreenwoodDistrict Court, W.D. South Carolina · 1928
- Town of Hempstead v. West 45th Street Associates, Inc.New York Supreme Court · 1957