Pass v. Pass
Supreme Court of Georgia
Equitable petition. Before Judge Kimsey. Hall superior court. July term, 1895. A general demurrer to tbe petition of R. H. Pass against Aaron Pass and A. D. Candler was sustained, and plaintiffs excepted.
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Equitable petition. Before Judge Kimsey. Hall superior court. July term, 1895. A general demurrer to tbe petition of R. H. Pass against Aaron Pass and A. D. Candler was sustained, and plaintiffs excepted. It appears, that Jordan Whelchel left a will dated July 20, 1880, in which he bequeathed to his sister lots of land 147 and 148 in the 10th district of Hall county, during her life or widowhood, with remainder in fee to her children, nephews and nieces of testator, in equal shares. By another item he gave the residue of his estate, real and personal, subject to the payment of his debts,…
1Opinion of the Court
Simmons, Chief Justice.
Whether a judgment can be attacked collaterally by a party thereto as void because of fraud in its procurement, is a question upon which courts have differed. (See Van Fleet on Collateral Attack, §550 et seq.; Black, Judgments, §§290, 170; Freeman, Judgments (ed. 1892), §336; Stephen, Dig. Evidence, Art. 40; Taylor, Evidence, §1713; Wharton, Evidence, §797.) As to a judgment discharging an administrator, however, the question is settled in this State by our code, which declares: “A dis-
charge obtained by the administrator by means of any fraud practiced on the heirs or…
2Cases cited1 opinion
- Jacobs v. PouSupreme Court of Georgia · 1855
3Cited by15 opinions
- Morris v. JohnstoneSupreme Court of Georgia · 1931
- Owenby v. StancilSupreme Court of Georgia · 1940
- Young v. YoungSupreme Court of Georgia · 1939
- Powell v. McKinneySupreme Court of Georgia · 1921
- Alabama Great Southern Railroad v. HillSupreme Court of Georgia · 1913
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