Brundage v. Bivens
Supreme Court of Georgia
Complaint for land. Before Judge Hart. Jones superior •court. Aprilyterm, 1898. This was an action for the recovery of land, the plaintiffs being children of John T. Bivens, deceased, and claiming under the will of their grandfather, Stephen Bivens, dated October 30, 1847, and probated October 5, 1863, whereby the testator •directed that his estate be equally divided between his wife and his children, including John T. Bivens, share and share alike,, “to have and to hold the…
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Complaint for land. Before Judge Hart. Jones superior •court. Aprilyterm, 1898. This was an action for the recovery of land, the plaintiffs being children of John T. Bivens, deceased, and claiming under the will of their grandfather, Stephen Bivens, dated October 30, 1847, and probated October 5, 1863, whereby the testator •directed that his estate be equally divided between his wife and his children, including John T. Bivens, share and share alike,, “to have and to hold the respective shares to each of them for and during their natural lifetime, . . and from and immediately after the death…
1Opinion of the Court
Simmons, O. J.
Assuming the burden of proof, the plaintiffs established by competent evidence their claim as remaindermen under the will of Stephen Bivens, who died in possession of the land in dispute. This was sufficient to make out a prima facie case in their favor. Wolfe v. Baxter, 86 Ga. 705. It was further shown that their father, John T. Bivens, took under the will as life-tenant, and in 1866 or 1867 went into possession of the tract in dispute, presumably in that capacity, though at the date of his death, which occurred in May, 1897, he was not seized thereof. The present action of…
2Cases cited8 opinions
- Ford v. CookSupreme Court of Georgia · 1884
- City Council v. RadcliffeSupreme Court of Georgia · 1881
- Franke v. BerknerSupreme Court of Georgia · 1881
- Wolfe v. BaxterSupreme Court of Georgia · 1891
- Bagley v. KennedySupreme Court of Georgia · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Perkins v. First National BankSupreme Court of Georgia · 1965
- Brinkley v. BellSupreme Court of Georgia · 1906
- Hart v. Lewis, Shore & Co.Supreme Court of Georgia · 1906
- Oliver v. IrvinSupreme Court of Georgia · 1964
- Richardson v. MilikinSupreme Court of Georgia · 1949
2 more not listed; retrieve them via the Exa API.