Phipps v. Mansfield
Supreme Court of Georgia
Ejectment. Title. Equity. Deeds. Witness. Non-suit. Principal and surety. . Contraéis. New trial. Before Judge IIillyer. Clayton Superior Court. March Term, 1878. Mansfield et al. brought ejectment (in the short or statutory form) against Phipps et al. Mrs. Phipps filed her bill to enjoin the ejectment suit and to enforce a specific performance of an agreement on the part of defendants to cancel the deed on which their suit was founded. The two cases were tried together.
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Ejectment. Title. Equity. Deeds. Witness. Non-suit. Principal and surety. . Contraéis. New trial. Before Judge IIillyer. Clayton Superior Court. March Term, 1878. Mansfield et al. brought ejectment (in the short or statutory form) against Phipps et al. Mrs. Phipps filed her bill to enjoin the ejectment suit and to enforce a specific performance of an agreement on the part of defendants to cancel the deed on which their suit was founded. The two cases were tried together. Plaintiffs in ejectment placed in evidence a deed from Phipps, the son of complainant in the bill, to them, dated in 1871,…
1Opinion of the Court
Jackson, Justice.
Mansfield and Morrow brought ejectment against Mrs. Phipps and her son for the recovery of a tract of land. Mrs. Phipps filed a bill setting up certain equities therein, and it was agreed that the ejectment and equity causes be tried together. The jury found for the plaintiffs in ejectment, who were the defendants in equity, in both cases, and a motion for a new trial having been' refused, Mrs. Phipps brings the case to this court for review.
1. We do not think that the plaintiff in error was hurt by the refusal to non-suit the plaintiffs ; for if their case *214was not fully made…
2Cases cited3 opinions
- Logan v. GoodallSupreme Court of Georgia · 1871
- Papot v. GibsonSupreme Court of Georgia · 1849
- Batton v. WatsonSupreme Court of Georgia · 1853
3Cited by1 opinion
- Colonial Pipeline Co. v. Westlake Club, Inc.Court of Appeals of Georgia · 1965