Harris v. Neil
Supreme Court of Georgia
Action for damages. Before Judge Larsen. Houston superior court. December 21, 1914. H. C. Harris, in July, 1883, conveyed a house and lot to his wife, Zetella Harris, for life, with remainder to her children. The life-tenant died in 1888. In 1893 H. C. Harris died, leaving a will in which his son, W. H. Harris, the nominated executor, was given full power to do, with reference to the property of the testator, whatever the testator might do if he were in life.
Read the full summary
Action for damages. Before Judge Larsen. Houston superior court. December 21, 1914. H. C. Harris, in July, 1883, conveyed a house and lot to his wife, Zetella Harris, for life, with remainder to her children. The life-tenant died in 1888. In 1893 H. C. Harris died, leaving a will in which his son, W. H. Harris, the nominated executor, was given full power to do, with reference to the property of the testator, whatever the testator might do if he were in life. On January 14, 1897, W. H. Harris, under this power, gave a mortgage on this and other land to the Dow Law Bank, of which he was…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. The gravamen of the cause of action is that the defendants conspired to defraud the plaintiffs, by fraudulently placing on their property two encumbrances. One of these the plaintiffs were forced to pay from the proceeds of the sale of their property, be*523cause the encumbrancer was innocent of any fraud, and made the loan on the faith of the record title being in the testator of one of the defendants, and in ignorance of the plaintiffs’ rights. The other encumbrance was alleged to have been used to depress bidding at the sale of the property under a…
2Cases cited3 opinions
- Draper v. MedlockSupreme Court of Georgia · 1905
- Fenwick Shipping Co. v. Clarke Bros.Supreme Court of Georgia · 1909
- Hargroves v. NixSupreme Court of Georgia · 1853
3Cited by9 opinions
- Daniel v. EtheredgeSupreme Court of Georgia · 1944
- Glisson v. BurkhalterCourt of Appeals of Georgia · 1923
- Jackson v. LiphamSupreme Court of Georgia · 1924
- Hinton v. Mack Purchasing Co.Court of Appeals of Georgia · 1930
- Jones v. CourtsCourt of Appeals of Georgia · 1940
4 more not listed; retrieve them via the Exa API.