Raley v. Ross
Supreme Court of Georgia
Dower. Estoppel. Equity. Homestead. Collateral security. Insurance. Auditor. Before Judge Clark. Lee Superior Court. November Term, 1876. Gilbert M. Stokes, as administrator of John Ealey, deceased, filed his bill against Mary E. Ealey, the widow of his intestate, John B. Eoss, and other creditors, to marshal the assets of such estate. Answers and cross-bills were filed.
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Dower. Estoppel. Equity. Homestead. Collateral security. Insurance. Auditor. Before Judge Clark. Lee Superior Court. November Term, 1876. Gilbert M. Stokes, as administrator of John Ealey, deceased, filed his bill against Mary E. Ealey, the widow of his intestate, John B. Eoss, and other creditors, to marshal the assets of such estate. Answers and cross-bills were filed. The case was submitted to George Kimbrough, Esq., as auditor, who made, in substance, the following report: I find that Gilbert M. Stokes, the administrator, has received from all sources,'$10,701.44, with which he stands…
1Opinion of the Court
Bleckley, Judge.
1. Raley died having both a deed from Ross, conveying to him certain lands in fee simple, and a bond for titles, of subsequent date, covering the' same lands and others, with the purchase money of the whole unpaid. He had possession of the whole under the bond, and this being so, his holding was not adverse to Ross. 12 Ga., 450; 14 Ib., 70; 17 Ib., 600. The presumption is, that in some proper manner, by rescisión or otherwise, the title became revested in Ross at or before the execution of the bond. Only on the basis of such a presumption, no fraud or mistake being alleged,…
2Cases cited6 opinions
- Broach v. BarfieldSupreme Court of Georgia · 1876
- Stamper v. GriffinSupreme Court of Georgia · 1853
- Chapman v. SchroederSupreme Court of Georgia · 1851
- Dearing v. ThomasSupreme Court of Georgia · 1858
- Hart v. McCollumSupreme Court of Georgia · 1859
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- Hyde v. German National BankWisconsin Supreme Court · 1902
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