Dunbar & Co. v. Mize
Supreme Court of Georgia
Deeds. Title. Estates. Husband and Wife. Fraud. Before Judge Fort. Sumter Superior Court. October Adjourned Term, 1883. A mortgage fi. fa. in favor of T. J. Dunbar & Company against William Mize was levied on a lot of land, which was claimed by Mrs. Mize, the defendant’s wife. Originally Mrs. Mize joined her husband in the mortgage, but on a proceeding to foreclose against her, she pleaded that it was the debt of her husband, and the issue was found in her favor.
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Deeds. Title. Estates. Husband and Wife. Fraud. Before Judge Fort. Sumter Superior Court. October Adjourned Term, 1883. A mortgage fi. fa. in favor of T. J. Dunbar & Company against William Mize was levied on a lot of land, which was claimed by Mrs. Mize, the defendant’s wife. Originally Mrs. Mize joined her husband in the mortgage, but on a proceeding to foreclose against her, she pleaded that it was the debt of her husband, and the issue was found in her favor. Mrs. Mize claimed under a deed from one De-Waal, her son-in-law, to her, which is set out in the decision. It was dated October…
1Opinion of the Court
Jackson, Chief Justice.
1. This case turns mainly on the single question, does the following deed confer a separate estate on Mrs. Mize:
“State op Georgia — Sumter Comity.
‘ ‘ This indenture, made on the seventh day of October, in the year of our Lord eighteen hundred and sixty-five, between Charles De Waal, of the county of Sumter, and Rebecca J. Mize of the same (she being his mother-in-law): Witnesseth that the said Charles De Waal, as well for and in consideration o£ the love and esteem which he hath and beareth towards said Rebecca J. Mize, as also for the better maintenance, livelihood and…
2Cases cited1 opinion
- Freeman v. FloodSupreme Court of Georgia · 1854
3Cited by1 opinion
- Brown v. RanseySupreme Court of Georgia · 1885