Shealy v. Toole
Supreme Court of Georgia
Claim. Pleading. Parties. Guardian and ward. Equity. Before Judge Crisp. Sumter Superior Court. October Adjourned Term, 1378. A fi.fa. in favor of Toole against Shealy was levied on •certain land, which Shealy claimed as guai’dian of Susan Y. ■Shealy., He filed the equitable plea set out in the decision, which the court struck.
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Claim. Pleading. Parties. Guardian and ward. Equity. Before Judge Crisp. Sumter Superior Court. October Adjourned Term, 1378. A fi.fa. in favor of Toole against Shealy was levied on •certain land, which Shealy claimed as guai’dian of Susan Y. ■Shealy., He filed the equitable plea set out in the decision, which the court struck. It was then proposed to make the minor, by Elbert A. Shealy as next friend, the party claim-ant in lieu of the oiiginal claimant, and thus assert her equitable lights: This the court refused to allow. The jury found the property subject. Claimant excepted, and assigned…
1Opinion of the Court
Warner, Chief Justice.
This was a claim case, on the trial of which the jury found the property subject to they?./», levied thereon.
1. The main ground of error insisted on here, which this court can consider in the state of the record before us, is whether the court erred in sustaining the demurrer to the claimant’s equitable plea filed in the case, the substance of which, is, that the claimant purchased a tract of land from the plaintiff in y?./»., and that the plaintiff has obtained a judgment against him for the balance of the purchase money due therefor, and had the land levied on to…
2Cited by2 opinions
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- McWilliams v. AndersonSupreme Court of Georgia · 1882