Wilkinson & Wilson v. Thigpen
Supreme Court of Georgia
Charge of Court. Payment. Executions. Attorney and Client. Estoppel. Witness. Before Judge Roney Burke Superior Court. November Adjourned Term, 1882. Wilkinson & Wilson foreclosed a mortgage against Wilkins, administrator of Pierce, and the fi.fa. was levied on the land described therein. Thigpen, who held a title under one of the heirs of Pierce, and under a distribution of his estate, claimed the property, and insisted that the mortgage fi. fa. bad been paid.
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Charge of Court. Payment. Executions. Attorney and Client. Estoppel. Witness. Before Judge Roney Burke Superior Court. November Adjourned Term, 1882. Wilkinson & Wilson foreclosed a mortgage against Wilkins, administrator of Pierce, and the fi.fa. was levied on the land described therein. Thigpen, who held a title under one of the heirs of Pierce, and under a distribution of his estate, claimed the property, and insisted that the mortgage fi. fa. bad been paid. The facts on which this claim rested, as well as the leading grounds of error alleged, are sufficiently stated in the decision. It…
1Opinion of the Court
Hall, Justice.
It is obvious that the verdict in this case is supported by the evidence, and should stand, unless the judge of the superior court failed to charge a request of the plaintiffs which should have been given, or gave an erroneous charge, that influenced the finding, and which should have been omitted.
We think he did neither.
The plaintiffs held a mortgage, made by Pierce, which had been foreclosed in their name against Wilkins, as Pierce’s administrator. After the foreclosure of the mortgage, there were negotiations between them and Wilkins & Cain about some matters of business…
2Cited by6 opinions
- Harris & Mitchell v. Amoskeag Lumber Co.Supreme Court of Georgia · 1897
- Wise, Simpson, Aiken & Associates, Inc. v. Rosser White Hobbs Davidson McClellan Kelly, Inc.Court of Appeals of Georgia · 1978
- Foster v. StateCourt of Appeals of Georgia · 1981
- Lamar v. Coleman, Ray & Co.Supreme Court of Georgia · 1892
- Murray County v. PickeringSupreme Court of Georgia · 1944
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