Belt v. Lazenby
Supreme Court of Georgia
Equitable petition. Before Judge Holden. Warren superior court. November 4, 1905. Mrs. E. T. Belt brought an equitable petition against E. P. Henry Lazenby. The petition made the following allegations: Petitioner’s brother, Henry A. Jones, died in 1854, leaving a will devising to her a described tract of land and one hundred and seventy-four shares of Georgia Eailroad & Banking Company stock.
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Equitable petition. Before Judge Holden. Warren superior court. November 4, 1905. Mrs. E. T. Belt brought an equitable petition against E. P. Henry Lazenby. The petition made the following allegations: Petitioner’s brother, Henry A. Jones, died in 1854, leaving a will devising to her a described tract of land and one hundred and seventy-four shares of Georgia Eailroad & Banking Company stock. (Par. 3) “Said will was destroyed after testator’s death before being probated, and the widow of said Henry A. Jones, Minerva Lazenby Jones, went into possession of the estate of her said husband as his…
1Opinion of the CourtFish, C. J.
(After stating the facts.)
1. The suit was.returnable to the October term, 1904, of Warren superior court. The defendant died during that term and before the time for demurring to plaintiff’s petition had expired. At the succeeding term E. A. Lazenby, executor of the defendant’s will, was by consent made party defendant to the action, and he immediately offered amendments to demurrers filed by the original defendant, which were allowed over the objection of petitioner that they came too late. One of the errors assigned in the bill of exceptions is the allowance of these amendments. This…
2Cases cited11 opinions
- Smith v. SmithSupreme Court of Georgia · 1867
- Eagan v. ConwaySupreme Court of Georgia · 1902
- City Electric Railway Co. v. Floyd CountySupreme Court of Georgia · 1902
- Maddox v. RoweSupreme Court of Georgia · 1857
- House v. DexterMichigan Supreme Court · 1861
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3Cited by49 opinions
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- Gordon v. SpellmanSupreme Court of Georgia · 1916
- Broderick v. ReidSupreme Court of Georgia · 1927
- Jones v. RobinsonSupreme Court of Georgia · 1931
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