Preston v. Ham
Supreme Court of Georgia
Equitable petition. Before Judge Searcy. Butts superior court. December 19, 1922. This is the second appearance of this case in this court. See Ham v. Preston, 152 Ga. 244 (109 S. E. 505), where the allegations of the petition are substantially set out. Attached to the petition are copies of the deeds — which the plaintiff, J. H. Ham, seeks to have canceled.
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Equitable petition. Before Judge Searcy. Butts superior court. December 19, 1922. This is the second appearance of this case in this court. See Ham v. Preston, 152 Ga. 244 (109 S. E. 505), where the allegations of the petition are substantially set out. Attached to the petition are copies of the deeds — which the plaintiff, J. H. Ham, seeks to have canceled. The consideration stated in each of these deeds is love and affection and $5. One is dated Oct. 16, 1917, and its attestation clause is as follows: “ Signed, sealed, and delivered in the presence of us: Maggie Jean Foster. J. A.…
1Opinion of the CourtHines, J.
(After stating the foregoing facts.)
1. Was a verdict demanded in favor of the defendant? That is her contention. This contention is based upon three grounds. One is that the plaintiff is estopped from asserting title to the premises in dispute, by his conduct and admissions. The second is that the plaintiff and the defendant were both claiming the estate of the deceased wife, the former as her sole heir at law, and the latter as her donee,, and that they entered into a compromise agreement by which the plaintiff was to have certain portions-of this property, and the' defendant, who was the…
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