Craddock v. Kelly
Supreme Court of Georgia
Equitable petition. Before Judge' Pendleton. Eulton superior court. May 25, 1906. ■ » On February 12, 1904, Charles H. Kelly, as administrator upon .the estate of D. A. Craddock, instituted suit against Prince Albert Craddock, Eliza Williams, Moses Craddock, Jesse Craddock, Robert Craddock, and Savannah Franklin, alleging, in substance, that the defendants were in possession of 'a certain tract of land,, claiming it as heirs at law of petitioner’s intestate and adversely to…
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Equitable petition. Before Judge' Pendleton. Eulton superior court. May 25, 1906. ■ » On February 12, 1904, Charles H. Kelly, as administrator upon .the estate of D. A. Craddock, instituted suit against Prince Albert Craddock, Eliza Williams, Moses Craddock, Jesse Craddock, Robert Craddock, and Savannah Franklin, alleging, in substance, that the defendants were in possession of 'a certain tract of land,, claiming it as heirs at law of petitioner’s intestate and adversely to petitioner, and refused to surrender possession after demand; that petitioner, as administrator as aforesaid, claimed…
1Opinion of the CourtAtkinson, J.
1, 2, 4. The rulings announced in the first, second, and fourth headnotes need not be elaborated.
3. A motion was made at the trial to dismiss the plaintiff’s suit, upon the ground that it appeared on the face of the petition that the plaintiff was guilty of laches in instituting suit. The suit as amended was complaint for land, depending upon the assertion of a legal right, without’reference to any right existing by force of a mere equity. The petition as amended alleged in substance, among other things: that in 1886 the land in dispute was set apart as a homestead for the use of the family…
2Cases cited2 opinions
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3Cited by11 opinions
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- Hobbs v. HoustonSupreme Court of Georgia · 1943
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