Cowart v. Singletary
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Worrill. Early superior court. May 21, 1912. On January 27, IDO1?1, A. J. Singletary filed bis equitable petition against El S. Grimsley, H. H. Grimsley, Caroline Cowart, and Mrs. E. E. Holmes. It does not appear that Mrs. Holmes was served, or that her administrator was made a party after her death.
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Exceptions to auditor’s report. Before Judge Worrill. Early superior court. May 21, 1912. On January 27, IDO1?1, A. J. Singletary filed bis equitable petition against El S. Grimsley, H. H. Grimsley, Caroline Cowart, and Mrs. E. E. Holmes. It does not appear that Mrs. Holmes was served, or that her administrator was made a party after her death. The petition alleged, in substance, as follows: On December 24=f 1902, Mrs. Holmes bargained to Caroline Cowart a certain described lot of land. The purchase-price was fixed at $1,250, represented by twenty-three notes of fifty dollars each, and one…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1-3. The members of this court are agreed as to all matters involved in this case, except one. The issues of fact were found in favor of Singletary by a jury on a former trial, and by the auditor when the case was referred to him. The presiding judge has approved that finding, and the evidence was sufficient to authorize him to do so. There was no error in overruling the motion for a rereference. The report of the auditor, while somewhat meagre, was sufficiently, full to withstand the attack made upon it in the motion for a rereference, and a reversal is…
2Cases cited29 opinions
- Mandlebaum v. McDonellMichigan Supreme Court · 1874
- Fowler v. DuhmeIndiana Supreme Court · 1896
- Perry v. PaschalSupreme Court of Georgia · 1897
- Coldwell Co. v. CowartSupreme Court of Georgia · 1912
- Bryant v. BoozeSupreme Court of Georgia · 1875
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- Decatur North Associates, Ltd. v. Builders Glass, Inc.Court of Appeals of Georgia · 1986
- Mail Concepts, Inc. v. Foote & Davies, Inc.Court of Appeals of Georgia · 1991
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