Yeates v. Donalson
Supreme Court of Georgia
Ejectment. Before Judge Cox. -Decatur superior court. December 29, 1916. John E. Donalson brought ejectment against Mrs. Arkansas' Yeates, James S. Yeates, and Jesse Yeates, to recover land described as lots numbered 264 and 265 in the 14th district of Decatur county. The defendants pleaded not guilty; and specially that the deed from Mrs. Arkansas Yeates to John E. Donalson, upon which the plaintiif relied, was void as having been obtained by duress.
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Ejectment. Before Judge Cox. -Decatur superior court. December 29, 1916. John E. Donalson brought ejectment against Mrs. Arkansas' Yeates, James S. Yeates, and Jesse Yeates, to recover land described as lots numbered 264 and 265 in the 14th district of Decatur county. The defendants pleaded not guilty; and specially that the deed from Mrs. Arkansas Yeates to John E. Donalson, upon which the plaintiif relied, was void as having been obtained by duress. James S. Yeates Sr., the husband of Mrs. Yeates and the father of the other defendants, died long before the suit was brought, and owned the…
1Opinion of the CourtHill, J.
We are of the opinion that under the facts of this case the plaintiff was not entitled to recover. The children are of age, but Mrs. Yeates is still in life and in possession as a beneficiary of the homestead set apart in 1875, and as such entitled to the possession of the land in controversy. Williford V. Denby, 127 Ga. 786 (56 S. E. 1010). It is argued that the plaintiff had no knowledge of the existence of the homestead at the time he took the deed from Mrs. Yeates, or at the time of the sale under foreclosure proceedings, at which he bought. The answer to this contention is, that, even if…
2Cases cited9 opinions
- Phillips v. TaberSupreme Court of Georgia · 1889
- Bank of Forsyth v. GammageSupreme Court of Georgia · 1899
- Van Horn v. McNeillSupreme Court of Georgia · 1887
- Aiken v. WeldonSupreme Court of Georgia · 1912
- Planters' Loan & Savings Bank v. DickinsonSupreme Court of Georgia · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wardlaw v. WoodruffSupreme Court of Georgia · 1932
- Collins v. HenrySupreme Court of Georgia · 1923
- Browning v. BarberSupreme Court of Georgia · 1922
- Donalson v. YeatesSupreme Court of Georgia · 1931
- Dorsey v. DorseySupreme Court of Georgia · 1940
2 more not listed; retrieve them via the Exa API.