Legal Opinion
Greenwood v. Starr
Supreme Court of Georgia
Decided February 25, 1932No. 8405PublishedCited by 14 opinions
1Opinion of the CourtAtkinson, J.
1. As a general rule, in an action to cancel a deed as cloud upon title, except in the ease of wild lands, it must appear that the petitioner is in possession. McMullen v. Cooper, 125 Ga. 435 (54 S. E. 97); Weyman v. Atlanta, 122 Ga. 539 (50 S. E. 492). An exception to the rule is where the deed was procured by the defendant from the petitioner by fraud. Gilmore v. Hunt, 137 Ga. 272 (73 S. E. 364). Under the allegations, it was unnecessary to allege further that petitioners were in possession of the land.
2. A defect in a petition, resulting from nonjoinder of proper parties, can not be taken…
2Cases cited7 opinions
- Weyman v. City of AtlantaSupreme Court of Georgia · 1905
- Hunt v. DoyalSupreme Court of Georgia · 1907
- Roberts v. BurnettSupreme Court of Georgia · 1927
- Gilmore v. HuntSupreme Court of Georgia · 1911
- Cason v. United Realty & Auction Co.Supreme Court of Georgia · 1924
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sowell v. SowellSupreme Court of Georgia · 1956
- Hughes v. CobbSupreme Court of Georgia · 1942
- Duffee v. JonesSupreme Court of Georgia · 1952
- Glover v. MaddoxCourt of Appeals of Georgia · 1958
- Sweat v. ArlineSupreme Court of Georgia · 1938
9 more not listed; retrieve them via the Exa API.