McKibbon v. Folds
Supreme Court of Georgia
Dower. Charge of the Court. By Judge Gbeen. Butts Superior Court. September Term, 1868. Elizabeth A. Folds applied for assignment of dower out of the lands of her deceased husband. Commissioners were appointed, and assigned her forty-seven acres of said lands. She traversed their return, and had it set aside, aud another set of commissioners were appointed by the Court to make said assignment. In 1857, said husband hád mortgaged his land to Thomas McKibbon.
Read the full summary
Dower. Charge of the Court. By Judge Gbeen. Butts Superior Court. September Term, 1868. Elizabeth A. Folds applied for assignment of dower out of the lands of her deceased husband. Commissioners were appointed, and assigned her forty-seven acres of said lands. She traversed their return, and had it set aside, aud another set of commissioners were appointed by the Court to make said assignment. In 1857, said husband hád mortgaged his land to Thomas McKibbon. In 1867, a rule absolute was granted, foreclosing said mortgage. A fi. fa. issued, and under it, said land was sold by the sheriff, and…
1Opinion of the CourtMcCay, J.
1st. McKibbon, if he is máde a party to this proceeding, at his own motion, must take the case as he finds it. He can take no exceptions, not good in the mouth of the defendant, to whose care he has attached himself. If there was a good objection to one of these commissioners, it ought to have been made at the time of the appointment. The then defendant failed to object. It is, therefore, waived, and McKibbon, coming in now, is bound by that waiver.
2d. There is some confusion in the cases, on who has the right to open and conclude, in questions of this character. *239The current of our decisions…
2Cases cited4 opinions
- Harrison v. YoungSupreme Court of Georgia · 1851
- Mason & Dickinson v. CroomSupreme Court of Georgia · 1858
- Weeks v. SegoSupreme Court of Georgia · 1850
- Johnson v. MartinSupreme Court of Georgia · 1858
3Cited by6 opinions
- Abel v. Jarratt & Co.Supreme Court of Georgia · 1897
- Central of Georgia Railway Co. v. MorganSupreme Court of Georgia · 1900
- Moore, Marsh & Co. v. BrownSupreme Court of Georgia · 1888
- Killgo v. DodsonCourt of Appeals of Georgia · 1943
- Taylor v. Georgia Power Co.Court of Appeals of Georgia · 1975
1 more not listed; retrieve them via the Exa API.