Arnold v. Limeburger
Supreme Court of Georgia
Application for partition. Before Judge Mitchell. Lowndes superior court. May 20, 1904. On May, 18, 1903,,W. F. Arnold, F. M. Parrish, and Barney Arnold filed a petition for partition against W. J. Limeburger. The property described was two lots of land.
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Application for partition. Before Judge Mitchell. Lowndes superior court. May 20, 1904. On May, 18, 1903,,W. F. Arnold, F. M. Parrish, and Barney Arnold filed a petition for partition against W. J. Limeburger. The property described was two lots of land. It was alleged that W. F. Arnold was the owner of a 7/8 of 1/4 undivided interest, F. M. Parrish the owner of a 1/4 undivided interest, and Barney Arnold the owner of a 1/8 of 1/4 undivided interest, and that the defendant was the owner of the remaining 1/2 undivided interest. Notice of intention to apply for partition had been served on the…
1Opinion of the CourtCobb, J.
1 — 6. The land in controversy was a part of the estate of the father of Mrs. Arnold and Mrs. Parrish. Their hus*75bands had no interest therein except such as they acquired by virtue of their marital rights. The contest is between those claiming under the husbands and those claiming under the wives. The death of the father and the consummation of the marriages occurred before the code was adopted. Upon the death of the father each of the daughters became entitled to a one-seventh interest in his estate. Upon the death of the three brothers each of them became entitled to a further interest in…
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