Cock v. Callaway
Supreme Court of Georgia
Application for partition, etc. Before Judge Littlejohn. Lee superior court. July 10, 1913. TV. T. Cock filed a petition addressed to the superior court of Lee county, alleging in substance as follows: In the year 1863 Dudley Sneed died seized and possessed of certain land in that county, including land lots numbered 46, 4V, 48, 49, 50, and 51, containing 1815 acres more or less.
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Application for partition, etc. Before Judge Littlejohn. Lee superior court. July 10, 1913. TV. T. Cock filed a petition addressed to the superior court of Lee county, alleging in substance as follows: In the year 1863 Dudley Sneed died seized and possessed of certain land in that county, including land lots numbered 46, 4V, 48, 49, 50, and 51, containing 1815 acres more or less. He left a will in which, after paying certain debts and legacies, he gave and bequeathed all the balance of his property to his wife for life. He directed, that, after her death, all of the property, except the…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. It was contended that the court was without jurisdiction to entertain motions to dismiss and demurrers to the proceeding in vacation. In certifying the bill of exceptions, the presiding *778judge added a note to the effect that no objection was made or question raised as to the jurisdiction or power of the court to pass on the motion and demurrers at that time, and that the hearing was had after the first term following the filing of the petition.
Prior to 1900 the law required a statutory application for partition to be made to the superior court in term…
2Cases cited1 opinion
- Lochrane v. Equitable Loan & Security Co.Supreme Court of Georgia · 1905
3Cited by5 opinions
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- Griffin v. GriffinSupreme Court of Georgia · 1922
- Pack v. MahanSupreme Court of Georgia · 2014
- Armstrong v. MertsCourt of Appeals of Georgia · 1948
- Leggitt v. AllenCourt of Appeals of Georgia · 1952