Hodges v. Wheeler
Supreme Court of Georgia
Equitable petition. Before Judge Hammond. Warren superior court. October 2, 1905. The plaintiffs, describing themselves as heirs at law of the estate of E. H. Pottle, deceased, filed an equitable petition against G. W. Wheeler, Fannie B. Norris, and E. E. Norris.
Read the full summary
Equitable petition. Before Judge Hammond. Warren superior court. October 2, 1905. The plaintiffs, describing themselves as heirs at law of the estate of E. H. Pottle, deceased, filed an equitable petition against G. W. Wheeler, Fannie B. Norris, and E. E. Norris. The petition alleged: As executrix of the estate of E. H. Pottle; Anna E. Heath made application to the court of ordinary for leave to sell a described tract of land in the town of Warrenton, belonging to the estate, and her application to sell was granted by the court. She thereupon proceeded to advertise the property for sale on…
1Opinion of the CourtEvans, J.
(After stating the facts.) 1. While the plaintiffs stated, in the beginning of their petition, that they sued as heirs at law of the Pottle estate, they attached a copy of his will to their pleadings, set forth in what capacity they were really interested *853in-thé property'in controversy, and distinctly prayed tor the relief sought as the legatees referred to in the fourth item of the will. Their pleading was certainly open to the criticism that it was self-contradictory and duplicitous, with respect to the capacity in which they brought suit; but their petition was amendable so as to remove…
2Cases cited1 opinion
- Bledsoe v. BledsoeSupreme Court of Georgia · 1859
3Cited by8 opinions
- Pierce v. Middle Georgia Land & Lumber Co.Supreme Court of Georgia · 1908
- Miller v. EverettSupreme Court of Georgia · 1941
- Cleaveland v. LaGrange Banking & Trust Co.Supreme Court of Georgia · 1938
- Stearns Coal & Lumber Co. v. PattonTennessee Supreme Court · 1915
- Whitley Grocery Co. v. JonesSupreme Court of Georgia · 1907
3 more not listed; retrieve them via the Exa API.