Smith v. King
Supreme Court of Georgia
Dower. Election. Statute of limitations. Equity. Multiplicity of suits. Before Judge Rice. Gwinnett county. At Chambers.
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Dower. Election. Statute of limitations. Equity. Multiplicity of suits. Before Judge Rice. Gwinnett county. At Chambers. March 5th, 1873. Larkin Smith filed his bill against Sarah King, et al., making substantially the following case: Complainant purchased from the defendant, Sarah King, the widow of Silas King, deceased, on October 14th, 1869, a certain tract of land in the county of Gwinnett, for which he paid $600 00, taking a deed to the same, approved by the Ordinary, said land having been previously set apart as a homestead to said defendant. Said defendant was in possession of said…
1Opinion of the Court
McCay, Judge.
1. We are of opinion that Mrs. King had an interest in this land. She appears to have had possession since the death of her husband; to have lived on the place, the homestead. At any rate, there was no adverse possession. She is entitled to the possession until her dower is assigned: R. Code, sec. 1758. She is not bound to make her choice between dower and a child’s part until one year after administration: Code, sec. 1754, par. 3; see, also, Act of 1841, Cobb’s Digest, 230. As to her right of dower, we are inclined to the opinion that the Act of 1839 would not bar her, except as…
2Cited by9 opinions
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- Werner v. WernerSupreme Court of Georgia · 1943
- Fountain v. DavisCourt of Appeals of Georgia · 1944
- Raines v. ShipleySupreme Court of Georgia · 1944
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