Rutherford v. Jones
Supreme Court of Georgia
In Equity, in Muscogee Superior Court. Decision on demurrer, by Judge Iverson, November Term, 1852. Seaborn Jones filed his bill for partition, alleging that Daniel McDougald and himself owned jointly, several lots in the City of Columbus, some of them improved and some unimproved — complainant owning three-fourths and McDougald one-fourth of each lot.
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In Equity, in Muscogee Superior Court. Decision on demurrer, by Judge Iverson, November Term, 1852. Seaborn Jones filed his bill for partition, alleging that Daniel McDougald and himself owned jointly, several lots in the City of Columbus, some of them improved and some unimproved — complainant owning three-fourths and McDougald one-fourth of each lot. That McDougald is dead, and Ann E. McDougald is his lawful administratrix; “ And that since the death of the said Daniel McDougald, one Adolphus S. Rutherford has been, by the Hon. A. Iverson, Judge of the Superior Court of said county,…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
This is a bill for partition. The complainant, Seaborn Jones, alleges that he and Daniel McDougald, in his life-time, owned and possessed twenty-five lots in the City of Columbus, which are identified by their numbers, in the plan of said town. It charges that complainant owns three-fourths of all these lots, and the estate of McDougald the remaining fourth, and prays that a partition may be made, not by sub-dividing these various lots, but by allotting them in entire lots. It further prays for general relief.
A general demurrer was filed to the…
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