Legal Opinion

Walton v. Ward

Supreme Court of Georgia

Decided September 18, 1914PublishedCited by 4 opinions

Injunction. Before Judge Walker. Lincoln superior court. October 29, 1913. L. H. Ward, B. F. Butler, and others filed their petition against Mrs. Mary J. Walton individually and as administratrix de bonis non of Leonard Sims, and Ann Elizabeth Sims, alleging as follows: Leonard Sims died in the year 1883, leaving a will by which he gave to Mrs. Mary J. Walton and her children 490 acres of land; the rest of his property, consisting of about 1,500 acres of land, besides…

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Injunction. Before Judge Walker. Lincoln superior court. October 29, 1913. L. H. Ward, B. F. Butler, and others filed their petition against Mrs. Mary J. Walton individually and as administratrix de bonis non of Leonard Sims, and Ann Elizabeth Sims, alleging as follows: Leonard Sims died in the year 1883, leaving a will by which he gave to Mrs. Mary J. Walton and her children 490 acres of land; the rest of his property, consisting of about 1,500 acres of land, besides personalty, he devised equally to his wife, Amanda Sims, and his children, Absalom G-. and Ann Elizabeth Sims, minors, but at…

1Opinion of the CourtBeck, J.

(After stating the foregoing facts.) ■ The court did not err in granting the injunction complained of. No other court than one having equity jurisdiction could adequately dispose of all the interests involved. Whether or not the contention of the defendants is sound, that the deeds of Mrs. Sims conveying the land consisting of the tracts of 122 acres and 75 acres were inoperative as executor’s deeds, and that the deed of confirmation subsequently executed by Mrs. Amanda Sims and-her two children was also inoperative as to the children either as an actual conveyance or as estoppel, because of…

2Cases cited5 opinions

  1. Harris v. WoodardSupreme Court of Georgia · 1909
  2. Smith v. SmithSupreme Court of Georgia · 1909
  3. Adams Express Co. v. MellichampSupreme Court of Georgia · 1912
  4. Helmken v. MeyerSupreme Court of Georgia · 1912
  5. Lane v. MalcolmSupreme Court of Georgia · 1914

3Cited by4 opinions

  1. Collier v. Bank of TupeloSupreme Court of Georgia · 1940
  2. Highland Park Mfg. Co. v. SteeleCourt of Appeals for the Fourth Circuit · 1916
  3. Johnson v. MacIntyreCourt of Appeals of Maryland · 1999
  4. Burt v. GoochCourt of Appeals of Georgia · 1927

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