Legal Opinion

McGahee v. McGahee

Supreme Court of Georgia

Decided June 17, 1948No. 16190PublishedCited by 27 opinions

1Opinion of the Court

1. The possession and control of property devised after the will is admitted to record and the representative qualifies is sufficient, nothing else appearing, to show assent by implication. Assent, either express or implied, converts the inchoate title of the legatee into legal title which may be the subject-matter of a fraudulent transfer.

2. A court of equity has jurisdiction to vacate a judgment obtained by fraud.

3. The allegations of the petition, as amended, can not reasonably be construed as an attack upon the judgment on the ground that the award was excessive. The plaintiff not being a…

2Cases cited37 opinions

  1. First Nat. Bank of Cincinnati v. FlershemSupreme Court of the United States · 1934
  2. Peoples Loan Company v. AllenSupreme Court of Georgia · 1945
  3. Ford v. ClarkSupreme Court of Georgia · 1907
  4. Peoples Loan Co. v. AllenSupreme Court of Georgia · 1945
  5. Haas & Howell v. GodbyCourt of Appeals of Georgia · 1924

32 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Allan v. AllanSupreme Court of Georgia · 1976
  2. Alonzo Wimberly Jenkins, Jr., as Executors Under the Will of Martha O. Jenkins, Deceased v. United StatesCourt of Appeals for the Fifth Circuit · 1970
  3. Hogg v. HoggSupreme Court of Georgia · 1950
  4. Bobby D. Moore, Individually and as of the Estate of L. T. Moore, Deceased v. Mrs. Jimmie F. LindseyCourt of Appeals for the Fifth Circuit · 1981
  5. Lipton v. LiptonSupreme Court of Georgia · 1955

22 more not listed; retrieve them via the Exa API.

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