Legal Opinion

Hendrix v. Causey

Supreme Court of Georgia

Decided June 13, 1918No. 746PublishedCited by 19 opinions

Ejectment. Before Judge Thomas. Colquitt superior court. October 29, 1917. S. T. Hendrix, as one of the heirs at law of S. G.-Turner, deceased, filed suit in ejectment against P. C. Causey for described land. The evidence showed that the deceased died seized and possessed of the land in question, and that the plaintiff was one of the children of the deceased.

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Ejectment. Before Judge Thomas. Colquitt superior court. October 29, 1917. S. T. Hendrix, as one of the heirs at law of S. G.-Turner, deceased, filed suit in ejectment against P. C. Causey for described land. The evidence showed that the deceased died seized and possessed of the land in question, and that the plaintiff was one of the children of the deceased. The defendant offered an equitable-amendment alleging, that the land was set apart by the ordinary as a year’s support for the widow of the deceased and her minor children, one of the children being the plaintiff in this case; that the…

1Opinion of the CourtGilbert, J.

There was no error in overruling the demurrer, as the equitable amendment was not deficient in the manner pointed out. The record shows that the published citations could not have run for the length of time required by law between the return of the appraisers and the approval thereof by the ordinary. In a proceeding to set apart a year’s support for a widow and minor *166children out of the property of the deceased husband, the widow may act for the minor children as well as herself. Civil Code, § 4041; Ferris v. Van Ingen, 110 Ga. 102 (7), 118 (35 S. E. 347). In such case the minor children are…

2Cases cited7 opinions

  1. Ferris v. Van Ingen & Co.Supreme Court of Georgia · 1899
  2. Stringfellow v. StringfellowSupreme Court of Georgia · 1900
  3. Allen v. LindseySupreme Court of Georgia · 1901
  4. Cleghorn v. JohnsonSupreme Court of Georgia · 1882
  5. Luthersville Banking Co. v. HopkinsCourt of Appeals of Georgia · 1913

2 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Walden v. WaldenSupreme Court of Georgia · 1940
  2. Backer v. City Bank & Trust Co.Supreme Court of Georgia · 1935
  3. Jones v. Federal Land Bank of ColumbiaSupreme Court of Georgia · 1939
  4. Lane v. JacksonSupreme Court of Georgia · 1921
  5. Olmstead v. ClarkSupreme Court of Georgia · 1935

14 more not listed; retrieve them via the Exa API.

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