Smith v. Williams
Supreme Court of Georgia
Husband and wife. Wills. Legacies. Trusts. Title. Evidence. Judgments. Before Judge McWhorter. Taliaferro superior court. August term, 1890. Deported in the decision.
1Opinion of the Court
Boynton, Judge.
A recovery must be predicated upon a legal right. A verdict to be sustained must be supported by evidence and authorized by law. We do not think the verdict rendered in this case can be maintained under either of the above truisms. The plaintiffs in the court below, defendants in error here, claim that their right to the land in controversy is derived from the will of their grandfather, John W. Dudisill, who died in December, 1854, testate. Their father, II. D. Smith, one of the executors under the will, intermarried with two of testator’s daughters, both of whom were legatees…
2Cases cited5 opinions
- Mosely v. SandersSupreme Court of Georgia · 1886
- Royston v. RoystonSupreme Court of Georgia · 1857
- Bryan v. DuncanSupreme Court of Georgia · 1852
- Turner v. GrubbsSupreme Court of Georgia · 1877
- Smith v. WhiteSupreme Court of Georgia · 1879
3Cited by8 opinions
- Elwell v. New England Mortgage Security Co.Supreme Court of Georgia · 1897
- Jones v. JonesSupreme Court of Georgia · 1943
- Hardy v. HardySupreme Court of Georgia · 1919
- Wells v. WellsSupreme Court of Georgia · 1960
- Ellington v. HarrisSupreme Court of Georgia · 1906
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