Hill v. Lewis
Supreme Court of Georgia
Equitable petition. Before Judge Graham. Pulaski superior court. September 16, 1915. J. T. Hill and J. W. Dennard as administrators of J. J. Dennard, deceased, presented to the judge of the superior court a motion or petition praying for an order or decree placing them in possession of certain land, and that the equity of the defendant in the land be forever barred. An order nisi was granted.
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Equitable petition. Before Judge Graham. Pulaski superior court. September 16, 1915. J. T. Hill and J. W. Dennard as administrators of J. J. Dennard, deceased, presented to the judge of the superior court a motion or petition praying for an order or decree placing them in possession of certain land, and that the equity of the defendant in the land be forever barred. An order nisi was granted. The defendant, H. B. Lewis, having died, his administrator, J. A. Lewis, presented a response to this petition, and asked that the decree upon which the petitioners, based their application for the writ…
1Opinion of the CourtBuck, J.
(After stating the facts.) We are of the opinion that the court erred in granting the order which, in effect, remolded the decree rendered in the original action brought by J. J. Dennard, wherein H. B. Lewis intervened and became a party defendant. In his intervention he made allegations appropriate to a petition for specific performance, and among other prayers there was one for specific performance, and the jury returned a verdict sustaining his contentions made in the intervention; and thereupon a decree was taken. If that decree was not authorized by the verdict, or if it imposed…
2Cases cited1 opinion
- Cunningham v. SchleySupreme Court of Georgia · 1881