Legal Opinion

Hawks v. Smith

Supreme Court of Georgia

Decided February 26, 1914PublishedCited by 7 opinions

Complaint for land. Before Judge Meadow. Oglethorpe superior court. December 31, 1912.

1Opinion of the CourtAtkinson, J.

1. A sale, under an order of the court of ordinary, of land situated in a county other than that having jurisdiction of the administration, by an executor without special order allowing the sale to occur there, is illegal; and a deed made in pursuance'of such illegal sale is insufficient to pass title to the purchaser. Power v. Shingler, 137 Ga. 157 (72 S. E. 1094) ; Civil Code, § 4028.

2. In his will a testator declared, that all of his property, both real and personal, should remain in the care of his wife for her use and support, and for the use and support of his children during the life…

2Cases cited7 opinions

  1. Bourquin v. BourquinSupreme Court of Georgia · 1900
  2. Garbutt v. MayoSupreme Court of Georgia · 1907
  3. Glore v. ScrogginsSupreme Court of Georgia · 1906
  4. Lamar v. PearreSupreme Court of Georgia · 1892
  5. Hicks v. WebbSupreme Court of Georgia · 1906

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Jackson v. LiphamSupreme Court of Georgia · 1924
  2. Graham v. LanierSupreme Court of Georgia · 1934
  3. Harper v. DurdenSupreme Court of Georgia · 1933
  4. Ayer v. ChapmanSupreme Court of Georgia · 1918
  5. Tucker v. WimpeySupreme Court of Georgia · 1923

2 more not listed; retrieve them via the Exa API.

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