Legal Opinion

Williford v. Denby

Supreme Court of Georgia

Decided March 1, 1907PublishedCited by 2 opinions

Equitable petition. Before Judge Mitchell. Tift superior court. December 14, 1905. Cynthia Denb3, for herself and as. next friend of a minor child, brought an equitable petition against Williford, to recover a certain tract of land, alleging, in substance, that he was in possession of the land; that she claimed it as a homestead, 'duly set apart to her and said minor child out of the estate of her deceased husband; that the defendant claimed the right of possession of the…

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Equitable petition. Before Judge Mitchell. Tift superior court. December 14, 1905. Cynthia Denb3, for herself and as. next friend of a minor child, brought an equitable petition against Williford, to recover a certain tract of land, alleging, in substance, that he was in possession of the land; that she claimed it as a homestead, 'duly set apart to her and said minor child out of the estate of her deceased husband; that the defendant claimed the right of possession of the premises, under a pretended sale from her of the homestead estate, and that the sale was void “because it was homestead…

1Opinion of the CourtBeck, J.

(After stating the foregoing facts.)

1. Taking the allegations in the plaintiff’s petition which are not denied in the plea, a case was made which required the judge to direct a verdict in her favor. It sufficiently appears from the petition that the lands to recover which the suit was brought had been set apart as a homestead to the family of plaintiff’s deceased husband. And there is nothing in the defendant’s plea which can be construed into a denial of said allegations. In fact, construing the entire plea together, with the exhibits attached thereto, and construing the allegations most…

2Cases cited4 opinions

  1. Hart v. EvansSupreme Court of Georgia · 1887
  2. Castellow v. BrownSupreme Court of Georgia · 1904
  3. Timothy v. ChambersSupreme Court of Georgia · 1890
  4. Woodward v. BivinsSupreme Court of Georgia · 1883

3Cited by2 opinions

  1. Yeates v. DonalsonSupreme Court of Georgia · 1917
  2. Jones v. NortonSupreme Court of Georgia · 1911

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