Legal Opinion

Brown v. Wilcox

Supreme Court of Georgia

Decided January 16, 1918No. 246PublishedCited by 24 opinions

Equitable petition. Before Judge Graham. Telfair superior court. February 27, 1917.

1Opinion of the CourtHill, J.

1. A void or illegal deed which is a cloud upon the true title may be canceled in a court of equity; and to a proceeding in which its cancellation is sought both the grantor and the grantee in the deed are necessary parties. Pierce v. Middle Georgia Land Co., 131 Ga. 99, 101 (61 S. E. 1114), and cases cited.

2. A petition praying for the cancellation of a deed may be brought in the county of the residence of either the grantor or the grantee. If at the time of filing such petition the grantor be dead and there are two qualified executors of his will, who reside in different counties, the…

2Cases cited3 opinions

  1. Blaisdell v. BohrSupreme Court of Georgia · 1881
  2. Taylor v. ColleySupreme Court of Georgia · 1912
  3. Pierce v. Middle Georgia Land & Lumber Co.Supreme Court of Georgia · 1908

3Cited by24 opinions

  1. Sowell v. SowellSupreme Court of Georgia · 1956
  2. Cochran v. GrooverSupreme Court of Georgia · 1923
  3. O'Jay Spread Co. v. HicksSupreme Court of Georgia · 1937
  4. Jordan v. HarberSupreme Court of Georgia · 1931
  5. Georgia Peruvian Ochre Co. v. Cherokee Ochre Co.Supreme Court of Georgia · 1921

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