Price v. Brown
Supreme Court of Georgia
Equitable petition. Before Judge Conyers. Camden superior court. May 9, 1914. W. H. Price, individually. and as temporary administrator of Henry McPrice, brought, an equitable action in the superior court of Camden county against E. Brown, alleging in substance as follows: Jack Price, deceased, was at the time of his death the true and lawful owner and in possession of a described tract of land.
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Equitable petition. Before Judge Conyers. Camden superior court. May 9, 1914. W. H. Price, individually. and as temporary administrator of Henry McPrice, brought, an equitable action in the superior court of Camden county against E. Brown, alleging in substance as follows: Jack Price, deceased, was at the time of his death the true and lawful owner and in possession of a described tract of land. The plaintiff and Henry McPrice, deceased, were the only heirs at law of J ack Price, and the plaintiff is the only heir at law of Henry McPrice and also his temporary administrator. The administrator…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
*6741. The presiding judge instructed the jury: “You will first inquire as to the birth and legitimacy of the plaintiff, W. H. Price. If he was not the son of Jack Price, — the burden is upon him, I should state, to establish his right to recover, and to establish all the facts necessary to make up his right to recover, by a preponderance of evidence.” Error was assigned on this charge. There was no error in it. The plaintiff first alleged that he was one of two heirs left by Jack Price. By amendment he Alleged that he was the only heir. The answer did not admit…
2Cases cited2 opinions
- White v. RossSupreme Court of Georgia · 1869
- Rhodes v. WilliamsSupreme Court of Georgia · 1915
3Cited by2 opinions
- Payne v. NixSupreme Court of Georgia · 1941
- Rudulph v. BrownSupreme Court of Georgia · 1925