Royston v. Royston
Supreme Court of Georgia
In Equity, in Baker Superior Court. Decision on demurrer, made by Judge Perkins. April Term, 1853. Felix Calloway, of Baker County, died intestate, leaving a widow and two children, Mary Frances Calloway, who intermarried with Cyrus A. Royston, and Margaret Ann Calloway, who intermarried with Edward T. Swain. He also left a large plantation, consisting of several hundred acres of land, in Baker County, to which his widow and two children succeeded, as tenants in common.
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In Equity, in Baker Superior Court. Decision on demurrer, made by Judge Perkins. April Term, 1853. Felix Calloway, of Baker County, died intestate, leaving a widow and two children, Mary Frances Calloway, who intermarried with Cyrus A. Royston, and Margaret Ann Calloway, who intermarried with Edward T. Swain. He also left a large plantation, consisting of several hundred acres of land, in Baker County, to which his widow and two children succeeded, as tenants in common. Mrs. Callaway subsequently intermarried with George D. Royston, and died. George D. Royston afterwards intermarried with the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Is it true, as assumed in the first ground of demurrer, that “ there is no sufficient reason charged in the bill why this tract of land should be sold entire ?”
It is alleged that this land “ is only valuable as a cotton plantation; and that to have the same partitioned into three separate and distinct parcels, would vastly diminish its value and render it of little worth to either of the parties in interest; but that if the tract was sold together, it would bring $25,000, or some other large sum.” And the demurrer admits this statement to be…
2Cited by7 opinions
- Lowe v. BurkeSupreme Court of Georgia · 1887
- Lankford v. MilhollinSupreme Court of Georgia · 1946
- Royston v. RoystonSupreme Court of Georgia · 1857
- Wallack v. WallackSupreme Court of Georgia · 1955
- Allard v. CarletonSupreme Court of New Hampshire · 1885
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