Legal Opinion

Taylor v. Cloud

Supreme Court of Georgia

Decided December 15, 1869PublishedCited by 8 opinions

Jurisdiction of Superior Court. Before Judge Parrott. Catoosa Superior Court. August Term, 1869. Elizabeth A. Taylor, by her Rill filed in Catoosa county, made this case: In 1849, she made an ante-nuptial contract with one Eulcher, whereby they were to marry, but her property, and future acquisitions, were to be hers exclusively, and then married him.

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Jurisdiction of Superior Court. Before Judge Parrott. Catoosa Superior Court. August Term, 1869. Elizabeth A. Taylor, by her Rill filed in Catoosa county, made this case: In 1849, she made an ante-nuptial contract with one Eulcher, whereby they were to marry, but her property, and future acquisitions, were to be hers exclusively, and then married him. This contract was legally recorded. . After the marriage she entrusted Fulcher with her money, etc., with a request that he should buy certain land in Walker (now Catoosa) county, Georgia; he bought the land, Rut took the conveyance to himself.…

1Opinion of the CourtMcCay, J.

We find nothing in this record distinguishing it from the case of Smith vs. Bryan, 34th Georgia, 52. That was a bill filed in Lee county, where the land was situated, against Bryan, who lived in Macon county. The bill, as does this, set up that Bryan’s deed was fraudulent, and it prayed, as does this, possession of the land, and an account of the rents and profits. Bryan was in possession of the land in that case by his servants. In this case Cloud is in possession by his tenants. In both cases the persons in possession are privies of the principal, and both would be bound by a decree against…

2Cited by8 opinions

  1. Saffold v. Scottish American Mortgage Co.Supreme Court of Georgia · 1896
  2. Martin v. GaissertSupreme Court of Georgia · 1910
  3. Colley v. Atlanta & West Point RailroadSupreme Court of Georgia · 1923
  4. Johnson v. GriffinSupreme Court of Georgia · 1888
  5. Radcliffe v. JonesSupreme Court of Georgia · 1932

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