Gay v. Gay
Supreme Court of Georgia
Complaint for land. Before Judge Gamble. Emanuel superior court. April term, 1898. The action was by the administrator and certain heirs of Absalom Gay against Charles M. Gay.
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Complaint for land. Before Judge Gamble. Emanuel superior court. April term, 1898. The action was by the administrator and certain heirs of Absalom Gay against Charles M. Gay. The defendant claimed title to the land in dispute, under an instrument which, when first offered in evidence; by him at the trial as a deed from Absalom Gay conveying title to the premises, was rejected by the court upon the ground that it was testamentary and was-not attested and probated as required by law. The court, however, permitted the defendant to introduce parol testimony to show that by the instrument in…
1Opinion of the CourtLittle, J.
1. It appearing that the question made in the cross-bill of exceptions is controlling upon the case as a whole, it has been first considered ; and inasmuch as the judgment therein is reversed, there is no occasion for determining the errors alleged in the main bill of exceptions. Cheshire v. Williams, 101 Ga. 814; Jordan v. Ga. So. Ry. Co., 105 Ga. 274; Hollis v. Lawton, 107 Ga. 105.
2. Upon the line of construction indicated by this court in White v. Hopkins, 80 Ga. 154, which has since been followed in Goff v. Davenport, 96 Ga. 423, and Guthrie v. Guthrie, 105 Ga. 86, the instrument under…
2Cases cited7 opinions
- White v. HopkinsSupreme Court of Georgia · 1887
- Hollis v. LawtonSupreme Court of Georgia · 1899
- Cheshire v. WilliamsSupreme Court of Georgia · 1897
- Goff v. DavenportSupreme Court of Georgia · 1895
- Barnes v. StephensSupreme Court of Georgia · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Price v. GrossSupreme Court of Georgia · 1918
- Patellis v. TannerSupreme Court of Georgia · 1944
- Sapp v. DavidsSupreme Court of Georgia · 1933
- Wynn v. WynnSupreme Court of Georgia · 1900
- DeLoach v. Georgia Coast & Piedmont RailroadSupreme Court of Georgia · 1916
7 more not listed; retrieve them via the Exa API.