Ware v. Barlow
Supreme Court of Georgia
Title. Prescription. Fraud. Notice. Laches. Wills. Executions. Before Judge Wellborn. Lumpkin superior court. October term, 1887. Tbe plaintiffs in error brought their action of ejectment, on March 18, 1887, against certain tenants of the defendant in error, who, on December 1, 1887, was made a party to the cause, for five-sevenths undivided interest in lot of land number 727 in the 12th district and 1st section of Lumpkin county, known as the Pigeon Roost gold-mine, and for…
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Title. Prescription. Fraud. Notice. Laches. Wills. Executions. Before Judge Wellborn. Lumpkin superior court. October term, 1887. Tbe plaintiffs in error brought their action of ejectment, on March 18, 1887, against certain tenants of the defendant in error, who, on December 1, 1887, was made a party to the cause, for five-sevenths undivided interest in lot of land number 727 in the 12th district and 1st section of Lumpkin county, known as the Pigeon Roost gold-mine, and for mesne profits. The defendant pleaded not guilty, the statute of limitations of four years and a prescription under…
1Opinion of the Court
Simmons, Justice.
Counsel for the' plaintiffs in error insisted on four propositions for reversal of the judgment of the court below in this case: (1) that the court erred in ruling that Barlow did not derive his title from Edward Ware; (2) that the court erred in holding that the executors of Edward Ware had power to sell the land in question, under the 8th item of the will, it not being in the lands enumerated therein; (3) that the court erred in holding that the deed made by the two executors, without the knowledge or concurrence of Terhune, the other executor, was good; and (4) that the…
2Cases cited5 opinions
- Wingfield v. VirginSupreme Court of Georgia · 1874
- Hunt v. DunnSupreme Court of Georgia · 1884
- Salter v. SalterSupreme Court of Georgia · 1887
- Virgin v. WingfieldSupreme Court of Georgia · 1875
- Weight v. SmithSupreme Court of Georgia · 1871
3Cited by10 opinions
- Street v. CollierSupreme Court of Georgia · 1903
- Hearn v. LeveretteSupreme Court of Georgia · 1957
- Bower v. CohenSupreme Court of Georgia · 1906
- Ellis v. DasherSupreme Court of Georgia · 1897
- Shingler v. BaileySupreme Court of Georgia · 1911
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