Smith v. Towns
Supreme Court of Georgia
Complaint for land. Before Judge Henry. Floyd superior court. July term, 1899. On .June 27, 1899, C. M. Towns, for himself and as next friend of two minor Towns children, sued Smith to recover a three-fourths undivided interest in a city lot. Attached to the petition is a deed dated June 22, 1885, from J. H. Cooper to Mary W. Towns and the heirs of her body born and to be horn.
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Complaint for land. Before Judge Henry. Floyd superior court. July term, 1899. On .June 27, 1899, C. M. Towns, for himself and as next friend of two minor Towns children, sued Smith to recover a three-fourths undivided interest in a city lot. Attached to the petition is a deed dated June 22, 1885, from J. H. Cooper to Mary W. Towns and the heirs of her body born and to be horn. The petition alleges, that plaintiffs are the true owners in fee of a three-fourths undivided interest in the land; that they are the heirs and the only heirs of the body of Mary W. Towns, who died in 1894; that under…
1Opinion of the CourtLewis, J.
This case is controlled by the decision of this court in Ewing v. Shropshire, 80 Ga. 374, and it follows that the court erred in overruling the demurrer to the plaintiffs’ petition.,
Judgment reversed.
All the Justices concurring. Halsted Smith, for plaintiffs in error. Nat. Harris and J. H. HosJcinson, contra.
2Cases cited1 opinion
- Ewing v. ShropshireSupreme Court of Georgia · 1888
3Cited by1 opinion
- Thomasson v. Southern RailwaySupreme Court of South Carolina · 1905