Legal Opinion

Higdon v. Heard

Supreme Court of Georgia

Decided August 15, 1853No. 36PublishedCited by 16 opinions

In Equity, in Macon Superior Court. Decided by Judge Powers, March Term, 1853. This was a hill filed by Stephen T. Heard, setting forth, that in October, 1852, the defendants, Higdon and another, had met the complainant in the City of Oglethorpe, had induced him, while intoxicated, to play with them at cards; and had won from him a considerable amount in money and notes, and a lot of land in Oglethorpe, to which they had procured him to sign a deed of conveyance to them; and…

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In Equity, in Macon Superior Court. Decided by Judge Powers, March Term, 1853. This was a hill filed by Stephen T. Heard, setting forth, that in October, 1852, the defendants, Higdon and another, had met the complainant in the City of Oglethorpe, had induced him, while intoxicated, to play with them at cards; and had won from him a considerable amount in money and notes, and a lot of land in Oglethorpe, to which they had procured him to sign a deed of conveyance to them; and also induced him, in payment of his losses to them at cards, to assign to them a bond for titles, which he held to…

1Opinion of the Court

By the Court.

Nisbet, J.

delivering the opinion.

[1.] The Statute under which this bill was filed, declares that mortgages, securities, or other conveyances of lands, ten*257ements and hereditaments, executed on account of money lost at gaming, “ Shall inure and be to and for the sole use and benefit of, and shall devolve upon, such person or persons as should or might have, or be entitled to such lands, tenements and hereditaments, in case the grantor or grantees thereof, or the person or persons so encumbering the same, had been naturally dead; and as if such mortgages, securities, or other…

2Cited by16 opinions

  1. Elliott v. StateSupreme Court of Georgia · 2019
  2. State v. HansonSupreme Court of Georgia · 1982
  3. Ex Parte MuncyCourt of Criminal Appeals of Texas · 1913
  4. Simpson v. SimpsonSupreme Court of Georgia · 1974
  5. People, Ex Rel. Moll v. DanzigerMichigan Supreme Court · 1927

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