Thrower v. Wood
Supreme Court of Georgia
Laws. Legitimation. Presumption. Estoppel. Deeds.Before Judge Hopkins. Fulton Superior Court. October Term, 1873. Amanda E. Wood instituted proceedings against Martha F. Thrower, as tenant in common with her, for the partition of a lot of land in the county of Fulton, claiming a title to one-sixth undivided interest in the same.
Read the full summary
Laws. Legitimation. Presumption. Estoppel. Deeds.Before Judge Hopkins. Fulton Superior Court. October Term, 1873. Amanda E. Wood instituted proceedings against Martha F. Thrower, as tenant in common with her, for the partition of a lot of land in the county of Fulton, claiming a title to one-sixth undivided interest in the same. The respondent objected to said partition, claiming title to tiie entire property, 1st. The petitioner introduced a deed from J. F. Trout to Thomas A. Lyon and Warner Lyon, dated August 15th, 1852, conveying to them, as tenants in common, a portion of the lot of land…
1Opinion of the Court
McCay, Judge.
Were the dispute between the parties in this case a dispute between either of them and a third person, or even between themselves, about anything else than this particular land, we should not hesitate to affirm this judgment. - The charge of the court, as to the presumption of legitimacy, where there is a possibility of access, is not stronger than the Code, section 1786. The words, strong presumption and clear evidence are the very words used by the codifiers. Nor do we think the judge, by adding the word satisfactory, has given any expansion to the rule. “Clear and…
2Cited by7 opinions
- Williams v. HarrisSupreme Court of Georgia · 1951
- Coldwell Co. v. CowartSupreme Court of Georgia · 1912
- Fisher v. BoyceCourt of Appeals of Maryland · 1895
- In Re Will of LloydSupreme Court of North Carolina · 1913
- Bowdoin v. KingloffCourt of Appeals of Georgia · 1960
2 more not listed; retrieve them via the Exa API.