Oswald v. Johnson
Supreme Court of Georgia
Partition. Before Judge Rawlings. Screven superior court. May 20, 1912. Mrs. L. A. Johnson applied for a partition of a tract of land owned in common by herself and others. It was represented to the court that it was impossible to have partition by metes and bounds: and the court ordered a sale of.the land by three commissioners. The commissioners made a report of the sale, and the plaintiffs in error offered to file objections against its confirmation.
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Partition. Before Judge Rawlings. Screven superior court. May 20, 1912. Mrs. L. A. Johnson applied for a partition of a tract of land owned in common by herself and others. It was represented to the court that it was impossible to have partition by metes and bounds: and the court ordered a sale of.the land by three commissioners. The commissioners made a report of the sale, and the plaintiffs in error offered to file objections against its confirmation. The court sustained an oral demurrer to the objections made to the fairness of the sale and to the motion against its confirmation. A final…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.) The controlling point arises out of exceptions to the rulings of the court refusing to consider objections to the fairness 'and validity of the sale of the property sought to be partitioned, and to its confirmation by the court. When the exceptors offered their written objections to the validity of the sale, an oral demurrer thereto was sustained, on the ground that the objections to the sale and the motion to withhold' confirmation were presented too late, and that the sale could not be set aside in this proceeding. This brings up the question whether it…
2Cases cited2 opinions
- Parker v. GlennSupreme Court of Georgia · 1884
- Lochrane v. Equitable Loan & Security Co.Supreme Court of Georgia · 1905
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- Pollock v. SkeltonCourt of Appeals of Georgia · 1914
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