Legal Opinion

Broadhurst v. Hill

Supreme Court of Georgia

Decided March 23, 1912PublishedCited by 10 opinions

Equitable petition. Before Judge Littlejohn. Sumter superior court. July 15, 1911. Mrs. Bela Hill Moreland, as administratrix of the estate of Mrs. Pauline A. Hill, deceased, obtained an order for the sale of real estate of the intestate, advertised it, and exposed it for sale on the first Tuesday in January, 1910. She made an administratrix’s deed to E. B. Hill, W. D. Moreland, and D. B. Hill.

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Equitable petition. Before Judge Littlejohn. Sumter superior court. July 15, 1911. Mrs. Bela Hill Moreland, as administratrix of the estate of Mrs. Pauline A. Hill, deceased, obtained an order for the sale of real estate of the intestate, advertised it, and exposed it for sale on the first Tuesday in January, 1910. She made an administratrix’s deed to E. B. Hill, W. D. Moreland, and D. B. Hill. It recited: “E. B. Hill having paid one half of the purchase-price, his interest would be that of an undivided one-half interest in the property hereinafter described; and W. D. Moreland having paid…

1Opinion of the CourtLumpkin, J.

(After stating the foregoing facts.)

1. It has been held that this court will not reverse a refusal by a trial judge to direct a verdict in favor of one of the parties to a litigation. Green v. Scurry, 134 Ga. 482 (2), (68 S. E. 77). Hence the ground of the motion for a new trial which complained of the refusal to direct a verdict for the defendants was without merit.

2. The presiding judge directed a verdict in favor of the plaintiffs. Civil Code (1910), § 5926, declares: “Where there is no conflict in the evidence, and that introduced with all reasonable deductions or inferences therefrom…

2Cases cited4 opinions

  1. Lydia Pinkham Medicine Co. v. GibbsSupreme Court of Georgia · 1899
  2. Lowery v. IdlesonSupreme Court of Georgia · 1903
  3. Green v. ScurrySupreme Court of Georgia · 1910
  4. Battle v. WrightSupreme Court of Georgia · 1902

3Cited by10 opinions

  1. Riley & Co. v. London Guaranty & Accident Co.Court of Appeals of Georgia · 1921
  2. Yablon v. Metropolitan Life InsuranceSupreme Court of Georgia · 1946
  3. Ennis v. EnnisSupreme Court of Georgia · 1951
  4. Elder v. Woodruff Hardware & Manufacturing Co.Court of Appeals of Georgia · 1915
  5. DeVaughn v. GriffithSupreme Court of Georgia · 1920

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