Hightower v. Cravens
Supreme Court of Georgia
Res adjudieaia. Decrees. Vendor and Purchaser. Former recovery. Before Judge Fain. Catoosa Superior Court. August Term, 1882. . Oppar L. Allen and Lula J. Hightower (minor children of Mrs. Martha J. Allen, deceased) filed their bill, by next friend, against B. W. Allen and J. R. Cravens, alleging, in brief, as follows: On October 20th, 1877, their mother made a trust deed conveying to defendant, Allen, in trust for them, certain land in Catoosa county.
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Res adjudieaia. Decrees. Vendor and Purchaser. Former recovery. Before Judge Fain. Catoosa Superior Court. August Term, 1882. . Oppar L. Allen and Lula J. Hightower (minor children of Mrs. Martha J. Allen, deceased) filed their bill, by next friend, against B. W. Allen and J. R. Cravens, alleging, in brief, as follows: On October 20th, 1877, their mother made a trust deed conveying to defendant, Allen, in trust for them, certain land in Catoosa county. The deed contained the following power of sale: “Audi, the said Martha J. Allen, hereby clothe the said B. W. Allen, trustee as aforesaid,…
1Opinion of the Court
Hall, Justice.
1. The plea of former recovery, set up in this case, was properly sustained by the court below. Every fact relied upon in the present case was well known to the complainants when the former suit was instituted, and might and could have been pleaded and insisted ivpon in that suit. In Smith vs. Hornsby, decided at this term of the court, all the questions made in this case were fully considered, and the authorities bearing upon them carefully collated and examined. There as here, the facts were known, and we held that, if relied upon for one purpose, though mispleaded or not set…
2Cited by4 opinions
- McWilliams v. WalthallSupreme Court of Georgia · 1886
- McLaws v. MooreSupreme Court of Georgia · 1889
- McDonald Mortgage & Realty Co. v. FeingoldSupreme Court of Georgia · 1929
- Perrin v. RichardsonSupreme Court of Georgia · 1914