Banks v. Bradwell
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Eulton superior court. February 2, 1912. This case has been before the Supreme Court on two occasions. Killian v. Banks, 103 Ga. 245 (29 S. E. 971); Id. Ill Ga. 850 (36 S. E. 635). Banks instituted proceedings to dispossess Killian of certain land, and Killian filed a suit to enjoin those proceedings, to cancel certain deeds under which plaintiff claimed, and to have title decreed to be in defendant.
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Equitable petition. Before Judge Pendleton. Eulton superior court. February 2, 1912. This case has been before the Supreme Court on two occasions. Killian v. Banks, 103 Ga. 245 (29 S. E. 971); Id. Ill Ga. 850 (36 S. E. 635). Banks instituted proceedings to dispossess Killian of certain land, and Killian filed a suit to enjoin those proceedings, to cancel certain deeds under which plaintiff claimed, and to have title decreed to be in defendant. On the first occasion the Supreme Court decided that there was no abuse of discretion upon the part of the trial judge in refusing the injunction, and…
1Opinion of the CourtAtkinson, J.
1. The defendant was the widow of James Banks. She claimed a half interest in the land under a deed executed by James Banks to herself, and the other half interest by inheritance from J ames Banks, who died after the execution of the deed. The plaintiff was a sister of J ames Banks, and claimed by virtue of an alleged resulting trust; it being contended that she supplied the consideration to buy the land and requested James Banks to buy it for her, and that he made the purchase but took the deed in his own name. James Banks died before the suit was instituted. The plaintiff, being incompetent…
2Cases cited7 opinions
- Drawdy v. HestersSupreme Court of Georgia · 1908
- Hansell v. BryanSupreme Court of Georgia · 1855
- Howard v. SnellingSupreme Court of Georgia · 1861
- Hawkins v. KermodeSupreme Court of Georgia · 1890
- Marion v. HoytSupreme Court of Georgia · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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