Toombs v. Spratlin
Supreme Court of Georgia
Equitable petition. Before Judge Holden. Wilkes superior court. November 7, 1905. Tbe suit was by Martha S. Spratlin and others, children and representatives of children of Seaborn Callaway, deceased, for the recovery of certain land to which they claimed title as remainder-men under his will.
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Equitable petition. Before Judge Holden. Wilkes superior court. November 7, 1905. Tbe suit was by Martha S. Spratlin and others, children and representatives of children of Seaborn Callaway, deceased, for the recovery of certain land to which they claimed title as remainder-men under his will. The material parts of the will are: “Item 2. I wish all of my property kept together and used as I have used 'the same, during the life of my wife, she to have the privilege, with the consent of my executors, of giving off to my children, as they become of age or marry, such parts as she and they may…
1Opinion of the CourtLumpkin, J.
In 1867 the executor of Seaborn Callaway, deceased, sold certain land under an order or decree, which this court has since held was invalid. Callaway v. Irvin, 123 Ga. 344. The sale therefore conveyed no title. The deed, however, was good as color of title. The purchaser and those who held under him remained in possession. The remaindermen (children of Calla-way and those standing in the place of deceased children) brought suit in 1903, their mother having died in 1898. The main defense now set up is prescription. If, under the will, the children were entitled to assert and recover on their…
2Cases cited10 opinions
- Callaway v. IrvinSupreme Court of Georgia · 1905
- Luquire v. LeeSupreme Court of Georgia · 1905
- Smith v. McWhorterSupreme Court of Georgia · 1905
- Bull v. WalkerSupreme Court of Georgia · 1884
- Franke v. BerknerSupreme Court of Georgia · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Thomas v. OwensSupreme Court of Georgia · 1908
- McNair v. RabunSupreme Court of Georgia · 1924
- Peck v. WatsonSupreme Court of Georgia · 1928
- Perdue v. McKenzieSupreme Court of Georgia · 1942
- Miller v. Harris CountySupreme Court of Georgia · 1938
8 more not listed; retrieve them via the Exa API.