Carter v. Hallahan
Supreme Court of Georgia
Mortgage. Title. Dower. Estoppel. Evidence. New trial. Before Judge Pottle. Richmond Superior Court. April Term, 1878. William H. Goodrich, as receiver of the estate of De-Laigle, by deed, dated April 10th, 1869, conveyed the home-place, with the brickyard and other lands adjacent, to Denning & Hallahan, who executed a mortgage the same day, for $22,000, the balance of the purchase money.
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Mortgage. Title. Dower. Estoppel. Evidence. New trial. Before Judge Pottle. Richmond Superior Court. April Term, 1878. William H. Goodrich, as receiver of the estate of De-Laigle, by deed, dated April 10th, 1869, conveyed the home-place, with the brickyard and other lands adjacent, to Denning & Hallahan, who executed a mortgage the same day, for $22,000, the balance of the purchase money. Denning sold out to Hallahan, July 20,1870, subject to the mortgage who, on the same day, conveyed the premises to James A. Gray, with the privilege of re-purchase. Gray re-conveyed to Hallahan Jan. 16,…
1Opinion of the Court
Warner, Chief Justice.
This was a bill filed by the complainants against the defendants who held mortgages on certain described lands which had been mortgaged by Hallahan. in his lifetime, and in which Mrs. Hallahan, as the widow of her deceased hus*318band, claimed dower, and also claimed in behalf of herself and children a year’s support. The bill prayed for an injunction on the allegations contained therein until the final hearing of the cause, which was granted. On the trial of the case, the jury were instructed by the court to pass upon and decide the following issues of fact, which they did,…
2Cases cited1 opinion
- Wiece v. MarbutSupreme Court of Georgia · 1876
3Cited by3 opinions
- Hester v. GairdnerSupreme Court of Georgia · 1907
- Pusser v. ThompsonSupreme Court of Georgia · 1909
- Turner v. WoodwardSupreme Court of Georgia · 1909