McRory v. Sykes
Supreme Court of Georgia
In Equity, in Henry Superior Court. Decided by Judge Hilh, April Term, 1856. This bill was filed to correct a grant. The bill alleged that one Rachael McRory of Effingham County, gave in and drew, in the land lottery of 1821, lot of land number 188, -in the 12th district of Henry County. That when the grant was issued by the State,[instead of being issued to Rachael McRory, it was issued to Rachael .McCrary.
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In Equity, in Henry Superior Court. Decided by Judge Hilh, April Term, 1856. This bill was filed to correct a grant. The bill alleged that one Rachael McRory of Effingham County, gave in and drew, in the land lottery of 1821, lot of land number 188, -in the 12th district of Henry County. That when the grant was issued by the State,[instead of being issued to Rachael McRory, it was issued to Rachael .McCrary. The lot of land having passed through the hands of divers persons, was now in the possession of Matthew Sykes. The bill prayed that the grant might be corrected to make it conform to the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] In Walker vs. Wells, (17 Ga. Rep. 547,) this Court intimated pretty strongly that a mistake in a grant could not be corrected in this State either by scire facias or bill. We have heard nothing to change that opinion.
*572Whether it could be done by a proceeding in the name of the Governor upon the relation of the party, we will not undertake to say. Unforeseen difficulties might occur in the pursuit of this remedy. Legislation is needed either in the shape of the North Carolina Statute (cited in 17th Gteorgia) or by authorizing a suit or…
2Cases cited1 opinion
- Walker v. WellsSupreme Court of Georgia · 1855
3Cited by1 opinion
- Parker v. HughesSupreme Court of Georgia · 1858