MacDougall v. National Bank
Supreme Court of Georgia
Equitable petition. Before Judge Howard. Muscogee superior court. November 19, 1919. From the petition as amended, with the attached exhibits, it appears that on June 1, 1912, a warranty deed in fee simple was executed by Mrs. Corinne Doyle Berry to her husband, M. O. Berry, conveying a house and lot in Cedartown, Polk County, upon a recited consideration of $3750 to her in hand paid.
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Equitable petition. Before Judge Howard. Muscogee superior court. November 19, 1919. From the petition as amended, with the attached exhibits, it appears that on June 1, 1912, a warranty deed in fee simple was executed by Mrs. Corinne Doyle Berry to her husband, M. O. Berry, conveying a house and lot in Cedartown, Polk County, upon a recited consideration of $3750 to her in hand paid. This deed was recorded on December 31, 1913. On May 3, 1915, M. O. Berry executed to the National Bank of - Columbus, as security for a debt of $4107.56, a warranty deed conveying the sanie property. This deed…
1Opinion of the CourtAtkinson, J.
1. So far as meritorious, tlio grounds of special demurrer to tlie petition were met by appropriate amendment. The petition as amended set forth a cause of action, and tlie court did not err in overruling the demurrers.
2. Where a married woman sued her husband and another holding under Mm, to cancel deeds executed by tlie woman to the husband and by him to his transferees, and pending the action the husband died leaving a will in which his wife (plaintiff) and another were named as executors, and the will was duly probated, and the executors qualified, and afterward the death of the husband…
2Cases cited33 opinions
- Krueger v. MacDougaldSupreme Court of Georgia · 1918
- Charleston & Western Carolina Railway Co. v. HughesSupreme Court of Georgia · 1898
- Ford v. Blackshear Manufacturing Co.Supreme Court of Georgia · 1913
- Taylor v. ColleySupreme Court of Georgia · 1912
- Pierce v. Middle Georgia Land & Lumber Co.Supreme Court of Georgia · 1908
28 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hardeman v. EllisSupreme Court of Georgia · 1926
- Copelan v. MonfortSupreme Court of Georgia · 1922
- McFadden v. DaleSupreme Court of Georgia · 1923
- Perdue v. McKenzieSupreme Court of Georgia · 1942
- Crummey v. CrummeySupreme Court of Georgia · 1940
7 more not listed; retrieve them via the Exa API.