Knott v. McWhirter
Supreme Court of Georgia
Equitable petition. Before Judge Bell. Eulton superior court. February 19, 1912. Alexander Ratteree was the owner of land lot 134 in the 14th district of Fulton county. Mrs. R. M. McWhirter, alleging that she was the owner of a lot which had been carved out of land lot 134, brought suit against J. J. Knott, alleging that he owned a lot of 8 acres carved out of land lot 134, and lying north of the plaintiff’s lot.
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Equitable petition. Before Judge Bell. Eulton superior court. February 19, 1912. Alexander Ratteree was the owner of land lot 134 in the 14th district of Fulton county. Mrs. R. M. McWhirter, alleging that she was the owner of a lot which had been carved out of land lot 134, brought suit against J. J. Knott, alleging that he owned a lot of 8 acres carved out of land lot 134, and lying north of the plaintiff’s lot. She derived title from Alexander Ratteree through a series of conveyances, the last having been executed in 1904, and describing the land as follows: “All that tract or parcel of…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
1. We are of the opinion that the court erred in overruling the demurrer to the amendment seeking to make Mrs. Cobbs a party-defendant to this ease. Clearly she has no common right with the plaintiff or with the defendant. Under the allegations in the petition and in the proposed amendment, when they are considered *341together, it distinctly appears that the description of the property which was conveyed by Leak to Loftin in 1885 was made with reference to the prior conveyances of Eatteree to Pritchett, Eatteree to Waters, and Waters to Knott, executed,…
2Cases cited1 opinion
- Louisville & Nashville Railroad v. ReeceSupreme Court of Georgia · 1911
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