First National Bank v. Cody
Supreme Court of Georgia
Equitable petition. Before Judge Wellborn. Hall superior court. January term, 1893. On January 14th, 1891, the administrators of James M. W. Cody, brought an equitable petition against John L. Palmour, H. H. Bean, the First National Bank of Gainesville, and Jeptha M. Cody. The last'named filed an answer in the nature of a cross-bill, and made common cause with the plaintiffs. The suit was defended by the bank.
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Equitable petition. Before Judge Wellborn. Hall superior court. January term, 1893. On January 14th, 1891, the administrators of James M. W. Cody, brought an equitable petition against John L. Palmour, H. H. Bean, the First National Bank of Gainesville, and Jeptha M. Cody. The last'named filed an answer in the nature of a cross-bill, and made common cause with the plaintiffs. The suit was defended by the bank. Palmour did not appear or plead, and it appeared from the return of the sheriff’ that he was not served, and was living without the State. The object of the petition was to obtain a…
1Opinion of the Court
Lumpkin, Justice.
1. The material facts of this case are set forth by the reporter. The instrument, dated May 22d, 1890, and referred to in the first head-note, deals with title to land, and in this respect may be regarded as a deed, and having been executed and attested as a deed, we have no *144difficulty in holding that it was entitled to be recorded in the clerk’s office in the record of deeds. This having been done, there was no error in admitting it in evidence without proof of its execution. This instrument, however, being a contract between John L. Palmour and the administrators of J. M.…
2Cases cited21 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
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- Leabo v. GoodeSupreme Court of Missouri · 1877
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3Cited by26 opinions
- Martin v. DialTexas Commission of Appeals · 1933
- Anderson v. BarronSupreme Court of Georgia · 1952
- Bishop v. BishopSupreme Court of Georgia · 1905
- Taylor v. McLaughlinSupreme Court of Georgia · 1904
- Mims v. Brook & Co.Court of Appeals of Georgia · 1907
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