Gibbs v. Harrelson
Supreme Court of Georgia
Equitable petition. Before Judge Sheppard. Effingham superior court. April 16, 1917.
1Opinion of the CourtGilbert, J.
To a suit by a creditor against grantees in a deed to land executed by Ms debtor, for cancellation of the deed, and for judgment on the debt, the grantor (or, if dead, his legal representative) is a necessary party; and where the petition fails to make the legal representative of the deceased debtor a party, it is properly dismissed on demurrer-. Biggs v. Silvey, 140 Ga. 762 (79 S. E. 857); Kehoe v. Rourke, 131 Ga. 269 (62 S. E. 185) ; 9 C. J. 1227. This cáse differs from that of Moore v. Smith, 121 Ga. 479, 482 (49 S. E. 601). In that case the suit was against the widow, who was the sole…
2Cases cited3 opinions
- Moore v. SmithSupreme Court of Georgia · 1904
- Biggs v. SilveySupreme Court of Georgia · 1913
- Kehoe v. RourkeSupreme Court of Georgia · 1908
3Cited by10 opinions
- Sowell v. SowellSupreme Court of Georgia · 1956
- Hines v. WilsonSupreme Court of Georgia · 1927
- Neal v. StapletonSupreme Court of Georgia · 1948
- Miller v. EverettSupreme Court of Georgia · 1941
- MacDougall v. National BankSupreme Court of Georgia · 1920
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