Allen v. Gates
Supreme Court of Georgia
Equitable petition. Before Judge Charlton. Chatham superior court. February 13, 1915. H. L. Gates and others filed an equitable petition against C. J. Allen. They alleged, in brief, as follows: They are the sole heirs of Thomas B. Gates, deceased, and as such own in common all of the right, title, and interest in a certain lot in the town of Pooler, as will appear more fully from an exhibit attached to the petition. At the time of his death he owned the lot in fee.
Read the full summary
Equitable petition. Before Judge Charlton. Chatham superior court. February 13, 1915. H. L. Gates and others filed an equitable petition against C. J. Allen. They alleged, in brief, as follows: They are the sole heirs of Thomas B. Gates, deceased, and as such own in common all of the right, title, and interest in a certain lot in the town of Pooler, as will appear more fully from an exhibit attached to the petition. At the time of his death he owned the lot in fee. During the years 1908, 1909, and 1910, the taxes due to the town were not paid, amounting to $8.25. The town undertook to levy an…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
There is no presumption that a deceased person died leaving a will which disturbed the ordinary course of descent of land. One who relies on that fact for recovery or defense carries the burden of establishing it. Miller v. Speight, 61 Ga. 460 (2), 462. If the allegations of the petition sufficiently showed that the plaintiffs were all of the heirs at law of the deceased owner of the lot, it was not necessary for them to allege and prove intestacy of their father. If there was a will which prevented their inheriting, that might be set up as a defense. There…
2Cases cited2 opinions
- Greenfield v. McIntyreSupreme Court of Georgia · 1901
- Miller v. SpeightSupreme Court of Georgia · 1878
3Cited by17 opinions
- Saliba v. SalibaSupreme Court of Georgia · 1947
- Forrester v. LoweSupreme Court of Georgia · 1941
- Yopp v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1918
- Machen v. Wolande Management Group, Inc.Supreme Court of Georgia · 1999
- Wright v. LesterSupreme Court of Georgia · 1962
12 more not listed; retrieve them via the Exa API.