Bivins v. Bivins
Supreme Court of Georgia
■ Equity. Jurisdiction. Demurrer. Decided by Judge "Wobbill. Schley Superior Court. October Term, 1867. The averments of this bill, which are necessary to an understanding of the decision, are but few.
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■ Equity. Jurisdiction. Demurrer. Decided by Judge "Wobbill. Schley Superior Court. October Term, 1867. The averments of this bill, which are necessary to an understanding of the decision, are but few. Mrs. Bivins averred that James H. Bivins, of the County of Taylor, had by fraud, (stating the facts upon which the charge of fraud was based,) obtained title in himself to certain valuable lands, which were situated in Schley county, ivhen in fact he should have taken the title to her. Her prayer was that he should be made to convey said lands to her. The bill was demurred to upon the ground…
1Opinion of the CourtWarner, J.
The error assigned to the judgment of the Court below in this ease is, in sustaining the demurrer to complainant’s bill, and dismissing the same for want of jurisdiction.
The bill was filed in the county of Schley, alleging that the defendant had fraudulently procured the title to certain lands, situated in the last named county, to be taken in his own name, praying that he might be decreed to convey the same to the complainant, and account for the rents and profits thereof. It appeared on the face of the bill that the defendant resided in the county of Taylor. It is contended that the…
2Cited by12 opinions
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- Martin v. GaissertSupreme Court of Georgia · 1910
- Colley v. Atlanta & West Point RailroadSupreme Court of Georgia · 1923
- Johnson v. GriffinSupreme Court of Georgia · 1888
- Radcliffe v. JonesSupreme Court of Georgia · 1932
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