Gross v. Whitely
Supreme Court of Georgia
Complaint for land. Before Judge Hammond. McDuffie superior court. Marcb 7, 1906. J. W. Whitely brought complaint for land against Macy P. Gross. ‘The abstract of title attached to his petition contained two items: (1) a deed from the defendant to J. S. Reynolds, consideration $2,000; and (2) a deed from J. S. Reynolds to the plaintiff. The •defendant filed a plea admitting her possession of the land and denying the right of the plaintiff to recover.
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Complaint for land. Before Judge Hammond. McDuffie superior court. Marcb 7, 1906. J. W. Whitely brought complaint for land against Macy P. Gross. ‘The abstract of title attached to his petition contained two items: (1) a deed from the defendant to J. S. Reynolds, consideration $2,000; and (2) a deed from J. S. Reynolds to the plaintiff. The •defendant filed a plea admitting her possession of the land and denying the right of the plaintiff to recover. By way of special plea .she alleged, that the deeds named in the plaintiff’s abstract of title were void, for “that your defendant is the wife…
1Opinion of the CourtEvans, J.
(After stating the foregoing facts.)
1. In the woman’s emancipation act of 1866 there appears a recognition of the husband’s influence over the wife, and the necessity of protecting the wife’s right to contract and to own property, against his persuasion or the natural tendency of a wife to sacrifice her separate estate to save her husband from financial disaster. ' While the wife is given the right to contract as a feme sole, and to own property, yet she can not bind her separate estate by any' contract of suretyship, nor by any assumption of the debts of her husband; and any sale of her…
2Cases cited9 opinions
- Johnson v. Leffler Co.Supreme Court of Georgia · 1905
- Cain v. LigonSupreme Court of Georgia · 1883
- National Bank v. CarltonSupreme Court of Georgia · 1895
- McCrory v. Grandy & SonSupreme Court of Georgia · 1893
- Nelms v. KellerSupreme Court of Georgia · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Pierce v. Middle Georgia Land & Lumber Co.Supreme Court of Georgia · 1908
- Huey v. National BankSupreme Court of Georgia · 1933
- Sikes v. SeckingerSupreme Court of Georgia · 1927
- Carlton v. Moultrie Banking Co.Supreme Court of Georgia · 1930
- Jackson v. ReevesSupreme Court of Georgia · 1923
24 more not listed; retrieve them via the Exa API.