Fields v. Lewis
Supreme Court of Georgia
Equitiable petition. Before Judge Evans. Emanuel superior court. October 21, 1902. The petition was for partition between the plaintiff and the defendants as tenants in common under a deed (the material parts of which are set out in the following opinion), and to have the defendants account for rents and profits of the land conveyed, which they had received after the death of the life-tenant, the plaintiff claiming an undivided interest therein as sole heir and…
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Equitiable petition. Before Judge Evans. Emanuel superior court. October 21, 1902. The petition was for partition between the plaintiff and the defendants as tenants in common under a deed (the material parts of which are set out in the following opinion), and to have the defendants account for rents and profits of the land conveyed, which they had received after the death of the life-tenant, the plaintiff claiming an undivided interest therein as sole heir and representative of his wife, Martha Lewis, one of the children named in the deed, who had died childless before the death of the…
1Opinion of the CourtSimmons, C. J.
1. The deed under which both parties claim was made in 1879 by Joel J. Moring, of the one part, and “ Emma E. Lewis and her minor children, to wit, Fannie E., Joel E., and Thomas F., and Martha Lewis and such other children as may be born unto her during coverture with her husband, Thomas M. Lewis, of the other part.” Thomas M. Lewis is specified in the premises of the deed as the party furnishing the consideration. He is therefore the real grantor and donor; for, in legal effect, it is the same as though the deed had in the first place been made to him and then by him to the grantees…
2Cases cited11 opinions
- Sumpter v. CarterSupreme Court of Georgia · 1902
- Gibbens v. GibbensMassachusetts Supreme Judicial Court · 1885
- McGinnis v. FosterSupreme Court of Georgia · 1848
- Vickers v. StoneSupreme Court of Georgia · 1848
- Maxwell v. HoppieSupreme Court of Georgia · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Crawley v. KendrickSupreme Court of Georgia · 1905
- Harris v. McDonaldSupreme Court of Georgia · 1921
- Crossley v. LeslieSupreme Court of Georgia · 1908
- Glore v. ScrogginsSupreme Court of Georgia · 1906
- Gilmore v. GilmoreSupreme Court of Georgia · 1944
25 more not listed; retrieve them via the Exa API.