Sikes v. Sikes
Supreme Court of Georgia
Equitable petition. Before Judge Eve. Worth superior court. August 29, 1921. Mrs. Clara 0. Sikes brought a petition against J. B. Sikes as administrator of the estate of B. E. Sikes, deceased, William E. Sikes, James B. Sikes, and Joseph E. Sikes, for injunction, receiver, and cancellation of certain deeds, etc.
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Equitable petition. Before Judge Eve. Worth superior court. August 29, 1921. Mrs. Clara 0. Sikes brought a petition against J. B. Sikes as administrator of the estate of B. E. Sikes, deceased, William E. Sikes, James B. Sikes, and Joseph E. Sikes, for injunction, receiver, and cancellation of certain deeds, etc. The petition alleged substantially the following; Benjamin F. Sikes died on March 28, 1916, intestate, leaving an estate consisting of certain real and personal property located in Worth and Tift counties. The deceased left surviving him as .his heirs at law the plaintiff as his…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. In the view we take of this case the judgment should be reversed, because the verdict finding for the defendants was contrary to law. That is to say, we are of the opinion that the sale held in the afternoon of the same day on which a part of the property had been knocked off to the plaintiff was void. The Civil Code, § 4022, provides: “All sales by administrators (except of annual crops sent off to market, and of vacant lands) shall be at public outcry between the hours of 10 o’clock a. m. and 4 o’clock p. in; nor shall any sale be continued from day to…
2Cases cited9 opinions
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- Smith v. Georgia Loan & Trust Co.Supreme Court of Georgia · 1901
- Gorman v. CampbellSupreme Court of Georgia · 1853
- Towns ex rel. Bonce v. KellettSupreme Court of Georgia · 1852
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3Cited by13 opinions
- Mickle v. MooreSupreme Court of Georgia · 1941
- Clarke County School District v. MaddenCourt of Appeals of Georgia · 1959
- Taylor v. StateSupreme Court of Georgia · 1923
- Ellison v. RobinsonCourt of Appeals of Georgia · 1958
- Pickler v. StateSupreme Court of Georgia · 1964
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