Ashley v. Cook
Supreme Court of Georgia
Equitable petition. Before Judge Lewis. Laurens superior court. July 23, 1906. Augustus Ashley, Lula Kreutz, and J. M. Ashley instituted suit against W. J. Cook, W. B. Cook, and Daniel Cummings, alleging, in substance, that in 1884 P. A. Ashley executed'.a deed conveying 720 acres, more or less, of land composed of a number of separate tracts, as follows: being parts of lots numbers 36, 14, 15, and 16 in the second land district, and parts of lots numbers 391, 392, and 393…
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Equitable petition. Before Judge Lewis. Laurens superior court. July 23, 1906. Augustus Ashley, Lula Kreutz, and J. M. Ashley instituted suit against W. J. Cook, W. B. Cook, and Daniel Cummings, alleging, in substance, that in 1884 P. A. Ashley executed'.a deed conveying 720 acres, more or less, of land composed of a number of separate tracts, as follows: being parts of lots numbers 36, 14, 15, and 16 in the second land district, and parts of lots numbers 391, 392, and 393 in the 22d land district; the conve3'unee being made to Kate Ashley, the mother of plaintiffs, for life, with remainder…
1Opinion of the CourtAtkinson, J.
(After stating the facts.) The court having placed the decision only upon the questions of misjoinder of causes of action and nonjoinder of necessary parties, we will deal only with those questions. The allegations of the petition, in effect, charge that Mary L. Floyd Jones, by virtue of the security deed, acquired a title to all the property as security for the debt, which was superior to the title of the plaintiffs. It follows that the lien of the judgment upon which execution issued, which was admittedly valid, was also superior to the title asserted by the plaintiffs. If the sale by the…
2Cases cited4 opinions
- White v. North Georgia Electric Co.Supreme Court of Georgia · 1907
- Ashley v. CookSupreme Court of Georgia · 1900
- Beall v. BlakeSupreme Court of Georgia · 1854
- Smith v. PateSupreme Court of Georgia · 1874
3Cited by4 opinions
- Williams v. FormanSupreme Court of Georgia · 1924
- Coe v. Greenville Credit & Investment Co.Court of Appeals of Georgia · 1982
- Stith v. HudsonSupreme Court of Georgia · 1973
- Hinsley v. LIBERTY LOAN CORPORATIONCourt of Appeals of Georgia · 1974