Legal Opinion

Lewis v. Gunn

Supreme Court of Georgia

Decided September 15, 1879PublishedCited by 6 opinions

Injunction. Husband and wife. Judgment. Married women. Before Judge Hood. Randolph County. At Chambers. April 12, 1879. Mrs. Lewis filed her bill against Gunn, alleging, in brief, as follows : She is the widow of John B. Lewis, who died in 1877. In 1872 she became possessed, by inheritance from her father, of 62 acres of land, being part of lots 146 and 147, in Randolph county; and under the will of a deceased uncle, she received lot No. 241, in Early county.

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Injunction. Husband and wife. Judgment. Married women. Before Judge Hood. Randolph County. At Chambers. April 12, 1879. Mrs. Lewis filed her bill against Gunn, alleging, in brief, as follows : She is the widow of John B. Lewis, who died in 1877. In 1872 she became possessed, by inheritance from her father, of 62 acres of land, being part of lots 146 and 147, in Randolph county; and under the will of a deceased uncle, she received lot No. 241, in Early county. All of this was her own separate estate, and her husband had no interest whatever in it; he always recognized it as hers, and she was…

1Opinion of the Court

Bleckley, Justice.

True it is that a wife cannot apply her property to the ■payment of her husband’s debts, the statute disabling her from so doing. But when property which she claims is levied upon as his, and she has her day in court, and it is ■adjudged his, with or without her consent, under circum- . stances which would conclude any other suitor, why is she not concluded? Is her mental approbation or disapprobation of a judgment to regulate or vary its effect? Must she fight to the last in order to be beaten ? Can she concede nothing ? confess nothing ? Does the judgment of a court *546of…

2Cases cited1 opinion

  1. Glover v. MooreSupreme Court of Georgia · 1877

3Cited by6 opinions

  1. Williams v. SimmonsSupreme Court of Georgia · 1888
  2. Davis v. First National BankSupreme Court of Georgia · 1913
  3. Garrett v. ThorntonSupreme Court of Georgia · 1924
  4. Latimer v. Irish-American BankSupreme Court of Georgia · 1904
  5. Wingfield v. RheaSupreme Court of Georgia · 1884

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