Wimberly v. Mansfield
Supreme Court of Georgia
Practice in Superior Court. Notice. Evidence. Judgment. Fraud. Before Judge Bower. Calhoun Superior Court. . March Term, 1883. Wimberly et aln as heirs of Griggs, deceased, brought ejectment against Mansfield, as real claimant, and Ruth, as tenant in possession. Plaintiffs claimed under their father, Griggs, who died in possession.
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Practice in Superior Court. Notice. Evidence. Judgment. Fraud. Before Judge Bower. Calhoun Superior Court. . March Term, 1883. Wimberly et aln as heirs of Griggs, deceased, brought ejectment against Mansfield, as real claimant, and Ruth, as tenant in possession. Plaintiffs claimed under their father, Griggs, who died in possession. Defendant, Mansfield, claimed by a chain of conveyances under one J. J. Sessions, as administrator of Griggs, who sold the lot at administrator’s sale. Defendant, Mansfield, offered in evidence an exemplification of the record from the court of ordinary of Calhoun…
1Opinion of the Court
Jackson, Chief Justice.
The only questions in this case necessary to be decided are whether, pending an action of ejectment in which an order to sell in the court of ordinary is a necessary muniment of title and there is no evidence of such an order of record in that court, the party wishing to use such evidence can have a nunc pro tunc order entered without notice to the other side in the ejectment cause, and whether, in such a case, the party not served with notice of the nunc pro tunc order can attack the same as fraudulent in the superior court, on the ground that no such original order to…
2Cases cited1 opinion
- Cleghorn v. JohnsonSupreme Court of Georgia · 1882
3Cited by7 opinions
- Owenby v. StancilSupreme Court of Georgia · 1940
- Kenning v. ReichelSupreme Court of Minnesota · 1921
- Nixon v. LehmanSupreme Court of Georgia · 1912
- Cosnahan v. RowlandSupreme Court of Georgia · 1896
- Salter v. SalterCourt of Appeals of Georgia · 1950
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