Pollard v. Blalock
Supreme Court of Georgia
Fayette superior Complaint for land. Before Judge Searcy, court. March. 19, 1917.
1Opinion of the CourtGilbert, J.
1. This is an action at law for the recovery of land and mesne profits, instituted by a widow suing as sole beneficiary under an existing homestead set apart under the constitution of 1868 to her husband, since deceased. It was erroneous to dismiss the petition on the ground that the action was maintainable only in a court of equity. Hughes v. Purcell, 135 Ga. 174 (5), 175 (68 S. E. 1111).
2. In passing upon the merits of a petition on the hearing of a demurrer, it' is erroneous for the court to take into consideration facts that are not shown by the! petition.
3. The. plea was sufficient as…
2Cases cited1 opinion
- Hughes v. PurcellSupreme Court of Georgia · 1910
3Cited by14 opinions
- Hoffman v. Franklin Motor Car Co.Court of Appeals of Georgia · 1924
- Kinney v. CrowSupreme Court of Georgia · 1938
- Miller v. StrausCourt of Appeals of Georgia · 1928
- Goree v. Georgia Industrial HomeSupreme Court of Georgia · 1938
- Dowdy v. DowdySupreme Court of Georgia · 1938
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