Legal Opinion

Eubanks v. Banks

Supreme Court of Georgia

Decided June 15, 1866PublishedCited by 22 opinions

In Equity. In Morgan Superior Court. Tried before Judge Wm. M. Reese. May, 1866. Alfred Eubanks, a citizen of Georgia, and resident of the county of Morgan, in said State, having departed this life in the year 185-, intestate, without wife or child, or anylineal descendant, his lawful administrator) Prancis A. Banks, having settled up his debts, was about to proceed with the distribution of his estate, consisting of real and personal property, when a dispute arose amongst…

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In Equity. In Morgan Superior Court. Tried before Judge Wm. M. Reese. May, 1866. Alfred Eubanks, a citizen of Georgia, and resident of the county of Morgan, in said State, having departed this life in the year 185-, intestate, without wife or child, or anylineal descendant, his lawful administrator) Prancis A. Banks, having settled up his debts, was about to proceed with the distribution of his estate, consisting of real and personal property, when a dispute arose amongst the persons claiming to be brothers and sisters and half brothers and sisters of said Alfred. Rot being able to settle…

1Opinion of the CourtHarris, J.

The facts of this case are novel, and the point involved is one of much importance. Elizabeth Yarborough, the mother of complainants, married Wilson in the spring of 1818. He deserted her in about a year, and went into Tennessee? a distance of eight hundred miles, and remained there, unheard of, for nineteen years and a half before returning back to North Carolina. He never saw her after he abandoned her, or had any communication, direct or indirect, with her. In 1828, Elizabeth Wilson was married to Thomas Eubanks, Wilson having before this been reported to be dead. The plaintiffs in error…

2Cited by22 opinions

  1. Herron v. PassailaigueSupreme Court of Florida · 1926
  2. Benton & Brother v. SingletonSupreme Court of Georgia · 1902
  3. Joyner v. JoynerSupreme Court of Georgia · 1908
  4. Carpenter, Baggott & Co. v. HanesSupreme Court of North Carolina · 1914
  5. Hamilton v. BellSupreme Court of Georgia · 1926

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