Irvin v. Porterfield
Supreme Court of Georgia
Complaint for land. Before Judge Holden. Wilkes superior court. November 7, 1905. Porterfield and others brought an action against Charles E. Irvin, as administrator of Barnett Irvin, to recover possession of a tract of land.
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Complaint for land. Before Judge Holden. Wilkes superior court. November 7, 1905. Porterfield and others brought an action against Charles E. Irvin, as administrator of Barnett Irvin, to recover possession of a tract of land. The petition alleged that Seaborn Callaway died 'leaving a widow and seven children surviving him; that the land in controversy was set apart to the widow as dower; and that the plaintiffs were the children of two of the children of Seaborn Calla-way, who died after the death of their father, but before the death of their mother. It was alleged that whether the widow be…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) The questions raised by the rejection of the decree and the deed of the ■executor are settled by the decision in Callaway v. Irvin, 123 Ga. 344 (2 and 3). Counsel for plaintiff in error appear to concede that this and other questions are settled in the case cited, and do not argue them in their brief. It is insisted, however, that the direction of the verdict was erroneous for the reason that under the undisputed facts the plaintiffs were not entitled to recover. It is said that under The item of the will of Seaborn Callaway above *732quoted, which is the only…
2Cases cited3 opinions
- Greenfield v. McIntyreSupreme Court of Georgia · 1901
- Phillips v. Southern Railway Co.Supreme Court of Georgia · 1900
- Callaway v. IrvinSupreme Court of Georgia · 1905
3Cited by14 opinions
- Powell v. McKinneySupreme Court of Georgia · 1921
- Toucher v. HawkinsSupreme Court of Georgia · 1924
- Lanier v. LanierSupreme Court of Georgia · 1962
- Bryant v. GreenSupreme Court of Georgia · 1938
- Meeks v. MeeksCourt of Appeals of Georgia · 1908
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