Caraker v. Brown
Supreme Court of Georgia
Ejectment. Before Judge Park. Baldwin superior court. February 19, 1921. This was an action of ejectment in the fictitious form, commeneed on December 20, 1913. The demise was laid in the name of Joe Brown as administrator of Katherine Brown. The suit was brought to recover “ that tract of land situate and lying in the city of Milledgeville, Baldwin county, Georgia, known in the plan of the city as part of lot No. 3, Sq.
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Ejectment. Before Judge Park. Baldwin superior court. February 19, 1921. This was an action of ejectment in the fictitious form, commeneed on December 20, 1913. The demise was laid in the name of Joe Brown as administrator of Katherine Brown. The suit was brought to recover “ that tract of land situate and lying in the city of Milledgeville, Baldwin county, Georgia, known in the plan of the city as part of lot No. 3, Sq. No. 24, bounded on the east by lands of Bell Brown; north by Washington St.; south by lands formerly owned by Hamp Brown estate; west by Elbert St.” The defendant filed his…
1Opinion of the CourtHines, J.
(After stating the foregoing facts.)
1. None of the headnotes require elaboration, except the fourth, eighth, and ninth grounds.
2. The court construed the disclaimer of title by Hamilton Brown Sr. to apply to lands embracing the premises in dispute. The court instructed the jury that under this disclaimer Brown and those claiming under him would be estopped to assert title against one who acquired title to these premises on the strength of his disclaimer. In this disclaimer Brown, who had undertaken to take out a homestead in lands embracing the premises in dispute, alleged that he was due W.…
2Cases cited24 opinions
- Sherman v. . KaneNew York Court of Appeals · 1881
- Horton v. MurdenSupreme Court of Georgia · 1903
- Fugate v. PierceSupreme Court of Missouri · 1872
- Jay v. WhelchelSupreme Court of Georgia · 1887
- Knight v. KnightIllinois Supreme Court · 1899
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3Cited by17 opinions
- Sikes v. SeckingerSupreme Court of Georgia · 1927
- Taylor v. TaylorSupreme Court of Georgia · 1943
- Kelley v. Austell Building Supply, Inc.Court of Appeals of Georgia · 1982
- Western & Atlantic Railroad v. FrazierCourt of Appeals of Georgia · 1941
- Metropolitan Life Insurance Co. v. HallSupreme Court of Georgia · 1940
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