Simpson v. Ennis
Supreme Court of Georgia
Petition for injunction. Before Judge Henry. Eloyd superior-court. August 14, 1901. The decedent’s rights in the land vested in the heirs at his. death, and the contract with the heirs for its redemption by the plaintiffs was as binding on the administrator as if made with the decedent: Civil Code, § 3358 ; Carruthers v. Bailey, 3 Ga. 108; Thompson v. Sandford, 13 Ga. 238; Miller v. Speight, 61 Ga. 461; Pope v. Marshall, 78 Ga. 637; Cross v. Johnson, 82 Ga. 67. The title to…
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Petition for injunction. Before Judge Henry. Eloyd superior-court. August 14, 1901. The decedent’s rights in the land vested in the heirs at his. death, and the contract with the heirs for its redemption by the plaintiffs was as binding on the administrator as if made with the decedent: Civil Code, § 3358 ; Carruthers v. Bailey, 3 Ga. 108; Thompson v. Sandford, 13 Ga. 238; Miller v. Speight, 61 Ga. 461; Pope v. Marshall, 78 Ga. 637; Cross v. Johnson, 82 Ga. 67. The title to the land having been conveyed by the security deed, the decedent at the time of his death had only an equity of…
1Opinion of the CourtLewis, J.
The plaintiffs in error filed their equitable petition in Eloyd superior court, making substantially the following case. On June 1, 1888, George P. Burnett made a conveyance of certain described realty in Eloyd county to the Georgia Loan & Trust Co., to secure a debt of $2,500, and in the fall of 1889 he died without having paid the debt or having had the title to the property in question reconveyed to him. The only heirs at law of George P. Burnett were H. P. Burnett and Mrs. Jessie B. Stephens, and on April 30,1890, they conveyed this land to the petitioners for a valuable consideration. At…
2Cases cited5 opinions
- Cole v. . MalcolmNew York Court of Appeals · 1876
- Parrott v. BakerSupreme Court of Georgia · 1889
- Swift v. LucasSupreme Court of Georgia · 1894
- English v. EnglishSupreme Court of Georgia · 1882
- Gooch v. BottsSupreme Court of Missouri · 1892
3Cited by6 opinions
- Citizens Mercantile Co. v. EasomSupreme Court of Georgia · 1924
- Peagler v. DavisSupreme Court of Georgia · 1915
- Ragan v. Standard Scale Co.Supreme Court of Georgia · 1907
- Chapman v. McPhersonSupreme Court of Georgia · 1937
- Bank of Canton v. NelsonSupreme Court of Georgia · 1931
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