Adams v. Johnson
Supreme Court of Georgia
Equitable petition. Before Judge Mitchell. Thomas superior - court. April 16, 1907. Thomas Adams was the owner of certain .realty which, in 1869, was duly set apart as a homestead for himself as head of a family, consisting of his wife, Georgia. Adams, and eight minor children. In 1882 he procured an order for the sale of the homestead property and the reinvestment of the proceeds in a certain tract of land.
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Equitable petition. Before Judge Mitchell. Thomas superior - court. April 16, 1907. Thomas Adams was the owner of certain .realty which, in 1869, was duly set apart as a homestead for himself as head of a family, consisting of his wife, Georgia. Adams, and eight minor children. In 1882 he procured an order for the sale of the homestead property and the reinvestment of the proceeds in a certain tract of land. The deed was executed to Georgia- Adams, as .grantee, and contained the following recitals: “Said tract of land being purchased by the said Georgia Adams with the proceeds from the sale…
1Opinion of the CourtEvans, P. J.
(After stating the facts.) The remedy by petition quia timet to remove a cloud on the title was never intended to supplant the usual and proper remedies at law for testing the superiority of two legal titles, where there are no supervening circumstances calling for equitable relief. Two antagonistic titles-to a tract of land may usually be settled in an ejectment suit, or statutory complaint for land, and the superiority of the better title finally adjudicated. Even if it be conceded that the effect-of the deed of reinvestment of the homestead property to Mrs.. Georgia Adams, construed in the…
2Cases cited2 opinions
- Finch v. FinchSupreme Court of Georgia · 1853
- Israel v. WolfSupreme Court of Georgia · 1897
3Cited by12 opinions
- Mentone Hotel & Realty Co. v. TaylorSupreme Court of Georgia · 1925
- Field v. BrantleySupreme Court of Georgia · 1913
- Furr v. JordanSupreme Court of Georgia · 1943
- Domin v. BrushSupreme Court of Georgia · 1931
- Long v. GodfreySupreme Court of Georgia · 1944
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