Stewart v. Ellis
Supreme Court of Georgia
Equitable petition. Before Judge Beagan. Fayette superior ■court. January 23, 1907. Mrs. Katie C. Ellis filed her equitable petition against Mrs. L. B. Stewart et al., alleging as follows: The plaintiff and her ■sister owned a certain tract of land which they agreed to exchange with one Gilbert for another tract.
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Equitable petition. Before Judge Beagan. Fayette superior ■court. January 23, 1907. Mrs. Katie C. Ellis filed her equitable petition against Mrs. L. B. Stewart et al., alleging as follows: The plaintiff and her ■sister owned a certain tract of land which they agreed to exchange with one Gilbert for another tract. The plaintiff’s husband owed, ■debts amounting to $150, and it was agreed that if Gilbert would pay these, she and her sister should make a deed to him, together with promissory notes for the.amount of such debts so paid, and take a bond for title to the other land. This was done.…
1Opinion of the CourtLijmpkin, J.
(After stating the facts.)
1. The controversy was between one who held a bond for title from a deceased person, and the widow and children of the latter, who claimed the- land involved, as having been set apart to them as a year’s support. The plaintiff was allowed' to testify as to the •amount which she owed the decedent. Objection was made to this, •on the ground that she was an incompetent witness on that subject. No personal representative of the deceased obligor was a party to the case, nor was any endorsee, assignee or transferee. His widow .and children, who claimed the property…
2Cases cited9 opinions
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- Gunn v. PettygrewSupreme Court of Georgia · 1894
- Johnston v. ConeySupreme Court of Georgia · 1904
- Jordan v. RhodesSupreme Court of Georgia · 1858
- Southern Bell Telephone & Telegraph Co. v. JordanSupreme Court of Georgia · 1891
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3Cited by18 opinions
- Bolton v. BarberSupreme Court of Georgia · 1975
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- Lowe v. Athens Marble & Granite Co.Court of Appeals of Georgia · 1961
- Donald v. GrovesSupreme Court of Georgia · 1925
- Cochran v. StateSupreme Court of Georgia · 1956
13 more not listed; retrieve them via the Exa API.