Henderson v. Napier
Supreme Court of Georgia
Equitable petition. Before Judge Fite. Catoosa superior-court. June 21, 1898. The petition was against Thomas O. Napier and M. E. Napier. It alleged, in substance, that the latter was the widow and the former a son and the administrator of the plaintiffs’ father, Thomas C. Napier, who died intestate, leaving, besides-these parties, as his heirs at law, Aurelia M. Baldwin and Leon M., Sarah R., Bertha B., and Claudia Napier.
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Equitable petition. Before Judge Fite. Catoosa superior-court. June 21, 1898. The petition was against Thomas O. Napier and M. E. Napier. It alleged, in substance, that the latter was the widow and the former a son and the administrator of the plaintiffs’ father, Thomas C. Napier, who died intestate, leaving, besides-these parties, as his heirs at law, Aurelia M. Baldwin and Leon M., Sarah R., Bertha B., and Claudia Napier. Defendant-Thomas C., as administrator and individually, entered into an agreement with the plaintiffs and the other heirs that tne land of the decedent’s estate, except…
1Opinion of the CourtSimmons, C. J.
1. It is a well-settled rule that all persons who are directly interested in the result of litigation should be made parties, either plaintiff or defendant, to proceedings for equitable relief. Civil Code, § 4844.
2. In the present case the allegations of the petition make a case, partly at least, for specific performance. The prayer is that the agreement entered into between the parties prior to the sale of the land be performed, but the petition discloses the fact that certain of the heirs, not parties to this proceeding, are to become the owners of the land upon the death of the mother.…
2Cases cited1 opinion
- Roughton v. RawlingsSupreme Court of Georgia · 1892
3Cited by15 opinions
- Saliba v. SalibaSupreme Court of Georgia · 1947
- Pope v. United States Fidelity & Guaranty Co.Supreme Court of Georgia · 1942
- Waters v. WatersSupreme Court of Georgia · 1928
- Rowland v. RowlandSupreme Court of Georgia · 1948
- Todd v. ConnerSupreme Court of Georgia · 1964
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