Hall v. Collier
Supreme Court of Georgia
Partition. Before Judge Cox. Worth superior court. August 14, 1916. The .petition of B. L. Collier and Miss Belle Collier shows as follows : Petitioners are the nephew and niece of E. C. Lippitt, who died, leaving as his only heirs his brother, T. M. Lippitt, and petitioners. T. M. Lippitt administered on his estate.
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Partition. Before Judge Cox. Worth superior court. August 14, 1916. The .petition of B. L. Collier and Miss Belle Collier shows as follows : Petitioners are the nephew and niece of E. C. Lippitt, who died, leaving as his only heirs his brother, T. M. Lippitt, and petitioners. T. M. Lippitt administered on his estate. T. M. Lippitt was adjudged insane and was sent to a lunatic asylum in the year 1897, from which he shortly.afterwards escaped and has never since been heard from, and is regarded as dead. The widow of T. M. Lippitt (now Mrs. Mary D. Hall) and certain named minor children of T. M.…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.)
1. Complaint is made in the motion for a new trial that the court erred in charging the jury as follows: “It being understood that E. C. Lippitt once had title to the land in controversy, and that plaintiffs as his heirs would be entitled to one half of any property that he owned at his death, I charge you that the burden is on the defendant to show that title passed out of E. C. Lippitt during his lifetime; and if the defendant fails to show that by a preponderance of the evidence, you shordd find for the plaintiffs a one-half interest in the land in…
2Cases cited1 opinion
- McLeod v. SwainSupreme Court of Georgia · 1891
3Cited by12 opinions
- Crider v. WoodwardSupreme Court of Georgia · 1926
- Walton v. SikesSupreme Court of Georgia · 1927
- McCrea v. Georgia Power Co.Supreme Court of Georgia · 1934
- Lankford v. MilhollinSupreme Court of Georgia · 1946
- Lankford v. MilhollinSupreme Court of Georgia · 1944
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