Beasley v. Smith
Supreme Court of Georgia
Equitable petition. Before Judge Hammond. Tattnall superior court. October 6, 1914. Z. Smith owned a tract of land which he conveyed, on November 4, 1908, to his son W. B. Smith, upon an alleged consideration of $2,200. On December 18, 1908, W. B. Smith conveyed the same land to Mrs. M. J. Smith, the mother of W. B. Smith and wife of Z. Smith, upon an alleged consideration of $2,300. Thereafter Mrs. M. J. Smith contracted to sell the land to J. H. Durrence, and executed to…
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Equitable petition. Before Judge Hammond. Tattnall superior court. October 6, 1914. Z. Smith owned a tract of land which he conveyed, on November 4, 1908, to his son W. B. Smith, upon an alleged consideration of $2,200. On December 18, 1908, W. B. Smith conveyed the same land to Mrs. M. J. Smith, the mother of W. B. Smith and wife of Z. Smith, upon an alleged consideration of $2,300. Thereafter Mrs. M. J. Smith contracted to sell the land to J. H. Durrence, and executed to him a bond conditioned to make title to the land upon the payment of the purchase-price. Durrence died after paying a…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. When the ease was called a motion was made to dismiss the writ of error,'because there is no recital in the certificate that the bill of exceptions contains or specifies all of the evidence material tó a clear understanding of the errors complained of. We do not think this motion is good, for the reason that the case was dismissed on demurrer and motion to vacate service, and no evidence was submitted. It would be idle to require a judge to certify that the bill of exceptions contains or specifies evidence, when the case was not heard upon the evidence,…
2Cases cited8 opinions
- Mandeville v. . AveryNew York Court of Appeals · 1891
- Blair v. SmithIndiana Supreme Court · 1888
- Knox v. YowSupreme Court of Georgia · 1893
- Nicol & Davidson v. CrittendenSupreme Court of Georgia · 1875
- Cade v. BurtonSupreme Court of Georgia · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Wallace v. MizeSupreme Court of Georgia · 1922
- Childers v. Ackerman Construction Co.Supreme Court of Georgia · 1955
- McLendon v. Reynolds Grocery Co.Supreme Court of Georgia · 1925
- Keeter v. Bank of EllijaySupreme Court of Georgia · 1940
- Mercantile National Bank v. AldridgeSupreme Court of Georgia · 1974
20 more not listed; retrieve them via the Exa API.