Smith v. Smith
Supreme Court of Georgia
Equitable petition. Before Judge Wright. Walker superior court. May 3, 1913. Mrs. Archie Smith and several other plaintiffs, as heirs of J. 'A. Smith, deceased, filed their equitable petition against 0..
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Equitable petition. Before Judge Wright. Walker superior court. May 3, 1913. Mrs. Archie Smith and several other plaintiffs, as heirs of J. 'A. Smith, deceased, filed their equitable petition against 0.. B. Smith and others, alleging substantially as follows: John M. Smith died intestate about the year 1881, leaving an estate consisting of both realty and personalty, 'and leaving his widow and five children, O. B. Smith, J. A. Smith, Scott Smith, Julia Smith, and Yashti Smith. No administration was had on his estate, and the widow and children for a time resided together on the property. The…
1Opinion of the Court
Lumpkin, J,
(After stating the foregoing facts.)
1. From the preceding statement’ of facts it will appear that the proceeding was not an action of ejectment to recover an undivided one-third interest in land with mesne profits, but was an equitable action praying for an accounting in regard to an estate in which the plaintiffs claimed an interest, and a distribution thereof after payment of the debts. It was alleged that the land could not be ■divided in kind, and there was a prayer that it should be sold, and that a proper decree should be entered. The plaintiffs claimed to be interested in…
2Cases cited10 opinions
- Greenfield v. McIntyreSupreme Court of Georgia · 1901
- Mills v. GeerSupreme Court of Georgia · 1900
- Smith v. SmithSupreme Court of Georgia · 1909
- Huff v. McDonaldSupreme Court of Georgia · 1857
- LaGrange Mills v. KenerSupreme Court of Georgia · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Robinson v. MurraySupreme Court of Georgia · 1944
- Burkhalter v. Peoples BankSupreme Court of Georgia · 1932
- Hill v. McCandlessSupreme Court of Georgia · 1945
- Benton Rapid Express Inc. v. SammonsCourt of Appeals of Georgia · 1940
- Chambers v. SchallSupreme Court of Georgia · 1952
12 more not listed; retrieve them via the Exa API.