Daniel v. Sapp
Supreme Court of Georgia
In Equity, in Chattahoochee Superior Court. Decision by Judge Kiddoo, May Term, 1856. Madison Sapp, as administrator of Alexander Moss, filed' a bill against Egbert P. Daniel, alleging that one David Hamilton drew a tract of land specified in the bill; that after his death, his heirs took out the grant, and being of age, sold and conveyed the same to Alexander Moss in 1885; that Moss went into possession and remained in possession till his death, in 1851. In 1852,…
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In Equity, in Chattahoochee Superior Court. Decision by Judge Kiddoo, May Term, 1856. Madison Sapp, as administrator of Alexander Moss, filed' a bill against Egbert P. Daniel, alleging that one David Hamilton drew a tract of land specified in the bill; that after his death, his heirs took out the grant, and being of age, sold and conveyed the same to Alexander Moss in 1885; that Moss went into possession and remained in possession till his death, in 1851. In 1852, complainant being appointed administrator of Moss, offered this land for sale, when it was claimed by one Egbert P. Daniel, who…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Ought the injunction in this case to have been dissolved ? 'We think not.
[1.] The set time has come to check these speculative administrations. Originating in the meanest feeling of our fallen nature, they are the prolific source of much of that litigation under which the land groans. Men die leaving their estates unrepresented — the family meet and make some arrangement as to the property, which is satisfactory to themselves. There are no debts to pay. By-and-by some evil-eyed person, after the lapse of fifteen or twenty years, with a view to…
2Cited by4 opinions
- Hodges v. Stuart Lumber Co.Supreme Court of Georgia · 1907
- Hodges v. Stuart Lumber Co.Supreme Court of Georgia · 1913
- Jennings v. SmithDistrict Court, S.D. Georgia · 1916
- Pierce v. JonesSupreme Court of Georgia · 1857