Moore v. Moore
Supreme Court of Georgia
Complaint for land. Before Judge Russell. Banks superior ■court. November 28, 1905. W. E. Moore, his five brothers, two sisters, and the children of a deceased sister, all as heirs at law of Eli Moore, deceased, brought an action to recover nine-tenths undivided interest in a ■described tract of land, against Nancy Jane Moore and others. The sixth paragraph of the petition alleged that the defendants were in possession of the premises in question.
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Complaint for land. Before Judge Russell. Banks superior ■court. November 28, 1905. W. E. Moore, his five brothers, two sisters, and the children of a deceased sister, all as heirs at law of Eli Moore, deceased, brought an action to recover nine-tenths undivided interest in a ■described tract of land, against Nancy Jane Moore and others. The sixth paragraph of the petition alleged that the defendants were in possession of the premises in question. All of the defendants answered at the appearance term; the answer of Nancy Jane Moore specifically denied the sixth paragraph of the petition, and…
1Opinion of the CourtFisi-i, J.
(After stating the facts.)
I. The court did not abuse its discretion in refusing to grant the order requested by plaintiffs’ counsel, as above set out, and in allowing defendants to .amend their answers by withdrawing therefrom all denial of their possession of the premises. It is true that defendants were not entitled to defend the suit without admitting that they were in possession of the premises in dispute at the commencement' of the action (Civil Code, § 5656), but no order had been previously taken in reference to a disclaimer, and when at. the trial term plaintiffs moved for such order,…
2Cases cited5 opinions
- Stringfellow v. StringfellowSupreme Court of Georgia · 1900
- Allen v. LindseySupreme Court of Georgia · 1901
- Fulghum v. FulghumSupreme Court of Georgia · 1900
- Bardwell & Co. v. EdwardsSupreme Court of Georgia · 1903
- Latham v. InmanSupreme Court of Georgia · 1891
3Cited by20 opinions
- Knowles v. KnowlesCourt of Appeals of Georgia · 1972
- Winn v. LunsfordSupreme Court of Georgia · 1908
- McSwain v. RicketsonSupreme Court of Georgia · 1907
- Walden v. WaldenSupreme Court of Georgia · 1940
- Casey v. CaseySupreme Court of Georgia · 1921
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