Hall v. Ewing
Supreme Court of Georgia
Complaint for land. Before Judge Highsmith. Appling superior court. January 23, 1919. W. C. Hall filed suit against G. W. Ewing, to the October term, 1916, of the superior court, to recover 200 acres of land of lot No. 303 in the second district of Appling county.
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Complaint for land. Before Judge Highsmith. Appling superior court. January 23, 1919. W. C. Hall filed suit against G. W. Ewing, to the October term, 1916, of the superior court, to recover 200 acres of land of lot No. 303 in the second district of Appling county. Lot No. 303 was granted by the State to Instance Hall on May 21, 1844. Instance Hall executed his will on January 22, 1880, devising all his real estate consisting of lots 273 and' 303 in the second district of Appling county, Georgia, to Mary E. Hall, his wife, and his children by her, to wit, Mary, Maggie, J. G., and W. C. Hall.…
1Opinion of the CourtGeorge, J.
The evidence did not require, even if it authorized, the juryto find that the defendant had acquired a prescriptive title to the land. Did the defendant show legal title to the land? It is contended that the court of ordinary was without jurisdiction, to order a sale of the devised real estate, in the absence of allegation and proof that the personalty of the estate was insufficient to pay the debts. The court of ordinary in the administration of estates, testate and intestate, is a court of general jurisdiction; and unless *696negatived by the record, every necessary jurisdictional fact is…
2Cases cited3 opinions
- Wash v. DicksonSupreme Court of Georgia · 1918
- Beaty v. StapletonSupreme Court of Georgia · 1900
- Harris v. ColeSupreme Court of Georgia · 1901
3Cited by5 opinions
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- Fuller v. DillonSupreme Court of Georgia · 1964
- Pattison v. Hogston, Admr.Indiana Court of Appeals · 1927
- Trapnell v. SmithCourt of Appeals of Georgia · 1974
- Trapnell v. SmithCourt of Appeals of Georgia · 1974