Legal Opinion

Walden v. Walden

Supreme Court of Georgia

Decided April 12, 1907PublishedCited by 35 opinions

Complaint for land. Before Judge Eawlings. Jefferson superior court. May 17, 1906. William M. Walden, and Sallie, Katie, and Preston Walden, by their next friend, brought suit against William Walden to recover certain land. The defendant filed a plea of res adjudicata.

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Complaint for land. Before Judge Eawlings. Jefferson superior court. May 17, 1906. William M. Walden, and Sallie, Katie, and Preston Walden, by their next friend, brought suit against William Walden to recover certain land. The defendant filed a plea of res adjudicata. A verdict was rendered in favor of the defendant, but was reversed by this court on the ground that it did not appear that, in the claim cases on which this plea was based, any judgments had been entered on the verdicts of the jury. After the case was returned to the superior court, on motion the court entered judgments nunc…

1Opinion of the CourtLumpkin, J.

(After stating the foregoing facts.)

1, 2. The defendant claimed the land in controversy under a. sheriff’s sale. He pleaded that it had been adjudicated that the land was subject to sale on the trial of claims interposed to the levy by the present plaintiffs, through certain persons as their next friends; that he had bought after this under the sheriff’s sale, and that the matter was res adjudicata. A mortgage was offered in evidence which contained the following description: "One tract or parcel of land lying in Jefferson county, Georgia, in the 79th district G. M., containing one hundred…

2Cases cited32 opinions

  1. Huntress v. PortwoodSupreme Court of Georgia · 1902
  2. Ellington v. Beaver Dam Lumber Co.Supreme Court of Georgia · 1893
  3. Quillian v. JohnsonSupreme Court of Georgia · 1905
  4. Atlanta & West Point Railroad v. Atlanta, Birmingham & Atlantic RailroadSupreme Court of Georgia · 1906
  5. Lasseter v. SimpsonSupreme Court of Georgia · 1887

27 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Hill v. CoxSupreme Court of Georgia · 1921
  2. Linder v. BrownSupreme Court of Georgia · 1912
  3. Thomason v. ThompsonSupreme Court of Georgia · 1907
  4. Saliba v. SalibaSupreme Court of Georgia · 1947
  5. Brinsfield v. RobbinsSupreme Court of Georgia · 1936

30 more not listed; retrieve them via the Exa API.

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