Wade v. Hurst
Supreme Court of Georgia
Equitable petition. Before Judge Parker. Pierce superior court. November 11, 1913. Jesse Wade brought a petition seeking partition of land, cancellation of deeds, judgment for damages, and other relief. He alleged, that A. P. Wade procured a homestead to be set aside in 1875 to himself and family. Among the property included in the homestead was lot of land number 156 in the fifth district of Pierce county.
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Equitable petition. Before Judge Parker. Pierce superior court. November 11, 1913. Jesse Wade brought a petition seeking partition of land, cancellation of deeds, judgment for damages, and other relief. He alleged, that A. P. Wade procured a homestead to be set aside in 1875 to himself and family. Among the property included in the homestead was lot of land number 156 in the fifth district of Pierce county. His wife died, and he remarried, pending the minority of the children. He died in 1895, leaving a widow, and children oí both marriages. In 1896 his wife, who had married again, presented…
1Opinion of the CourtEvans, P. J.
(After Stating the foregoing facts.) The plaintiff sties as heir at law of his deceased father. He eliminates the interests of his half brothers and sisters by a general averment that they had received advancements in excess of their shares in the estate. He deals with the estate as owned by himself, his sister, and N. N. Hurst as assignee of his mother and a sister and a brother. In order to establish his right of partition in the specific land, he undertakes to attack the sheriff’s sale on the ground that his mother unlawfully allowed the A. P. Brantley Company to obtain a judgment against…
2Cases cited4 opinions
- Tucker v. HarrisSupreme Court of Georgia · 1853
- Cobb v. PitmanSupreme Court of Georgia · 1873
- Jones v. TarverSupreme Court of Georgia · 1856
- L. M. Wiley, Parish & Co. v. KelseySupreme Court of Georgia · 1850
3Cited by5 opinions
- Hood v. CooledgeCourt of Appeals of Georgia · 1929
- Bisbee v. KnightSupreme Judicial Court of Maine · 1942
- Simpson v. PhillipsMississippi Supreme Court · 1932
- MacDonell v. Village of North AtlantaSupreme Court of Georgia · 1961
- Hicks v. StalnakerCourt of Appeals of Georgia · 1938