Legal Opinion

Simpson v. Kelley

Supreme Court of Georgia

Decided December 9, 1930No. 7856PublishedCited by 15 opinions

1Opinion of the CourtAtkinson, J.

1. “The general rule is that in order for a plaintiff to maintain an equitable petition to remove a cloud upon his title, he must allege and prove possession in himself. . . There are exceptions to the above general rule, (1) in ease of wild lands, and (2) where there is a distinct head of equity jurisdiction sufficient to support the action, as where deeds are obtained by fraud or other illegal means.” Mentone Hotel & Realty Co. v. Taylor, 161 Ga. 237 (130 S. E. 527), and cit.

2. “Where land belonging to the estate of a decedent is set apart as a year’s support to his widow and minor…

2Cases cited6 opinions

  1. Mentone Hotel & Realty Co. v. TaylorSupreme Court of Georgia · 1925
  2. Ragan v. ShiverSupreme Court of Georgia · 1908
  3. Gibbs v. LandSupreme Court of Georgia · 1911
  4. Morris v. HastySupreme Court of Georgia · 1930
  5. Hill v. Van DuzerSupreme Court of Georgia · 1900

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

3Cited by15 opinions

  1. Page v. BrownSupreme Court of Georgia · 1941
  2. Walden v. WaldenSupreme Court of Georgia · 1940
  3. Whitfield v. MaddoxSupreme Court of Georgia · 1940
  4. Terry v. EllisSupreme Court of Georgia · 1940
  5. Moore v. MooreSupreme Court of Georgia · 1939

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

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