Webb v. Harris
Supreme Court of Georgia
Equitable petition. Before Judge Holden. Elbert superior court. March, term, 1905. A. G. Webb brought an equitable petition against Mrs. Gairdner, administratrix of H. R. Gairdner, and C. P. Harris, administrator of Mrs. M. M. Webb, and alleged: Petitioner’s wife, the intestate of the defendant, borrowed from Mrs. Bowman a certain sum of money, and gave her note for it, and, to secure the payment of the note, made a conveyance to Mrs. Bowman of certain property in Elberton,…
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Equitable petition. Before Judge Holden. Elbert superior court. March, term, 1905. A. G. Webb brought an equitable petition against Mrs. Gairdner, administratrix of H. R. Gairdner, and C. P. Harris, administrator of Mrs. M. M. Webb, and alleged: Petitioner’s wife, the intestate of the defendant, borrowed from Mrs. Bowman a certain sum of money, and gave her note for it, and, to secure the payment of the note, made a conveyance to Mrs. Bowman of certain property in Elberton, taking from Mrs. Bowman a bond for title to the property. Mrs. Bowman died, and Tate qualified as her executor. •Mrs.…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) Prior to 1866 whether the wife’s property was her separate estate depended upon marriage contracts and settlements. Whenever there was a separate estate created for her, the law treated her as a feme sole as to the property so embraced, but the settlor had a right to restrict her power over the property composing her separate estate. Ordinarily she was allowed to contract with reference to her separate estate, but there were certain contracts which she was not permitted to make. She could make no contract of suretyship, nor could she assume the payment of…
2Cases cited21 opinions
- Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
- Cain v. LigonSupreme Court of Georgia · 1883
- Moore v. CareySupreme Court of Georgia · 1902
- Booher v. WorrillSupreme Court of Georgia · 1876
- Humphrey v. CopelandSupreme Court of Georgia · 1875
16 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sikes v. SeckingerSupreme Court of Georgia · 1927
- Stonecipher v. KearSupreme Court of Georgia · 1908
- Scaife v. ScaifeSupreme Court of Georgia · 1910
- Hamilton v. RogersSupreme Court of Georgia · 1906
- Johnson v. HinesSupreme Court of Georgia · 1861
11 more not listed; retrieve them via the Exa API.