Yopp v. Atlantic Coast Line Railroad
Supreme Court of Georgia
Complaint for land. Before Judge McDonald (of the city court of Waycross). Ware superior court. November 28, 1911. Mrs. L. B. Yopp and Mrs. C, W. Sauls sued the Atlantic Coast Line Railroad Company, to recover an undivided half interest in certain land in possession of the railroad company.
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Complaint for land. Before Judge McDonald (of the city court of Waycross). Ware superior court. November 28, 1911. Mrs. L. B. Yopp and Mrs. C, W. Sauls sued the Atlantic Coast Line Railroad Company, to recover an undivided half interest in certain land in possession of the railroad company. They base their title and right to recover one fourth undivided interest in the land on an inheritance from their mother, Matilda Moore, a daughter of Joshua G. Moore, who was a son of George W. Moore, under the will of the last named. Their mother, who.died intestate, was one of four children. They claim…
1Opinion of the CourtGilbert, J.
(After stating the foregoing facts.) The judgment of the court sustaining the special demurrer to the ténth paragraph of the petition, and to the deed which was attached thereto as an exhibit, was erroneous. “Id certum est quod eertum reddi potest.” The deed contains internal reference to the will of George W. Moore. The two instruments must be construed to*541gether. The will was probated on January 12, 1846, while the deed from Henry E. Moore, alleged to be one of the children of Joshua G~. Moore, was made on-December 5, 1853. It appears, therefore, that on the date of the execution of the deed…
2Cases cited5 opinions
- Greenfield v. McIntyreSupreme Court of Georgia · 1901
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